The News Media Bargaining Code: Impacts on Australian journalism one year on

Abstract

AbstractThe Australian News Media Bargaining Code (NMBC) is the first successful legislative attempt to compel digital platforms to pay news media organisations for third party news content. This paper focuses on the NMBC after its first year to explore whether the Code was successful in meeting one of its publicly stated purposes; supporting public interest journalism. We argue that the Code delivered outcomes that met the ACCC's policy objectives around an industry power imbalance, but there are several issues that remain unaddressed. Using semi‐structured interviews from Australian news media executives involved in negotiations with Meta and Google during the initial implementation of the Code, we explore: (a) how news organisations used financial compensation provided by agreements under the Code, (b) how individual organisational priorities were framed and articulated, and (c) whether these actions have supported public interest journalism in Australia. Our findings indicate that many of issues with the Code have emerged mostly from the unintended impacts of the Code, including: lack of designation of platforms within the legislation, the registration criteria for news outlets eligible to enter negotiation, and the definition of stakeholder relationships within the legislation.