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S. 673

BillFederalSenateFloor Consideration
To provide a temporary safe harbor for publishers of online content to collectively negotiate with dominant online platforms regarding the terms on which content may be distributed.
About This Bill
Introduced
Latest Action · November 28, 2022
Placed on Senate Legislative Calendar under General Orders. Calendar No. 569.
Congress
117th (2021–2023)
Introduced
March 10, 2021
Cosponsors (15)
7D 8R
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Summary

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Journalism Competition and Preservation Act of 2022 This bill sets out a process through which certain broadcast or digital news providers may collectively negotiate with covered online platforms (e.g., social media companies) regarding use of the news providers' content by the platforms. Specifically, the bill authorizes an eligible provider (e.g., one with no more than 1,500 full-time employees and nonnetwork news broadcasters that engage in specified news practices) to jointly form an entity with other eligible providers to negotiate the pricing, terms, and conditions by which certain online platforms use the providers' content. A covered platform is generally one that (1) has at least 50 million monthly domestic users, and (2) is owned or controlled by a person with either sales or a market capitalization that exceeds a specified amount or at least one billion monthly users worldwide. The bill establishes requirements concerning the formation, governance, operation, and termination of the joint negotiation entity. It also exempts from antitrust laws certain actions by a joint negotiation entity (e.g., providers jointly denying a platform's access to the providers' content). The bill outlines requirements governing the conduct of the negotiations by, for example, requiring the parties to negotiate in good faith. Additionally, the bill provides for private rights of action if the requirements for a negotiation are not met and establishes requirements for arbitration in limited circumstances. The Government Accountability Office must study the impact of the joint negotiations, including their effects on local and regional news and the employment of journalists. In general, the bill's provisions terminate six years after its enactment.

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