Tech giants could be forced to share secret news deals under Australia’s media bargaining code – The Guardian

New legislation will help ensure sustainability of public interest journalism, Labor says
Tech giants could be forced to hand over sensitive details on how they distribute news on their platforms to Australia’s competition watchdog as part of the federal government’s commitment to levelling the playing field for public interest journalism in the digital age.
The Australian Competition and Consumer Commission will undertake periodic reporting into how platforms subject to the media bargaining code are distributing news content on sites and whether significant bargaining power imbalances between the tech giants and media organisations exist.
New information-gathering powers would also be legislated giving the watchdog the ability to force companies to hand over the sensitive commercial agreements made with media companies.
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The federal government’s plan to legislate the changes, announced on Sunday, is in response to one of five recommendations made by the Treasury in its November 2022 review of the media bargaining code.
The review found the Coalition government initiative a success, facilitating 23 agreements between Google and news publishers, and 13 agreements between Meta, the owner of Facebook and Instagram, and news publishers.
The ABC told the review it had used the funding to appoint 57 regional positions, including reporters in 19 locations, 10 of which did not previously have them.
Other publishers, including SBS and Nine Entertainment, said the additional funding had helped invest in more journalists and tell more stories.
Under the media bargaining code, the treasurer can designate a digital platform’s involvement resulting in strict rules surrounding negotiations with news publishers.
No digital platform has been designated so far but the threat of the code being applied has resulted in deals between Meta and Google with news publishers.
The assistant treasurer, Stephen Jones, said the review’s recommendations were “sensible” and would strengthen the code for the future. But he warned that the designate tool could be used if tech companies didn’t play ball.
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“But let us be very clear: we already have the power to designate digital platforms and we are prepared to use it,” Jones said. “We want to see news outlets and digital platforms come together and negotiate in good faith.”
The communications minister, Michelle Rowland, said the changes would help “ensure the sustainability of public interest journalism in the digital age”.
“Supporting these recommendations will help improve the framework overall and ensure Australian news media businesses are properly remunerated for their journalistic content through commercial deals with platforms,” she said.
The code will be reviewed again in early 2025 after four years in operation.

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