(2) Any information in column 3 of the table is not part of this Act. The responsible digital platform corporation for the designated digital platform service must ensure that: (a) a proposal is developed for the designated digital platform service to recognise original covered news content when it makes available and distributes that content; and, (b) registered news business corporations are consulted in developing that proposal before it is published; and. It will not be amended to deal with any later amendments of this Act. (5) To avoid doubt, nothing in this section requires the responsible digital platform corporation to give the data covered by subsection (3) to the registered news business corporation. This Subdivision applies if the Chair has given notice under section 52ZP. (d) treat the maximum penalty for a contravention of a civil penalty provision of Part 13 or 14B of that Act (including a contravention of a provision that is treated as a civil penalty provision because of this section) as being 600 penalty units. (b) if regulations made for the purposes of this paragraph specify other features—those features. means the register established under section 52ZK. (3) The ACMA may revoke the registration of a registered news business if there is no registered news business corporation that is endorsed as the registered news business corporation for the news business. (3) To avoid doubt, for the purposes of this section, information or documents may be false or misleading in a material particular because of the omission of a matter or thing. 21 Subsection 155AAA(21) (paragraph (a) of the definition of core statutory provision). Any other statement in column 2 has effect according to its terms. Share. Revocation of registration of endorsement of corporation for news business. (2) Subsection (1) does not limit, for the purposes of this Part, the ways in which a user of a service interacts with content made available by a service. (1) Each bargaining party may give the other bargaining party a request that the other bargaining party give it specified information if: (a) the information is covered by subsection (2); and, (b) it is reasonable for the bargaining party to make the request for the purposes of this Division; and, (c) the request is made no later than 5 business days after the start of arbitration; and. (1) For the purposes of this Division, the requirement is that the annual revenue of the corporation (or of a related body corporate of the corporation), as set out in the corporation’s (or the related body corporate’s) annual accounts prepared in accordance with generally accepted accounting principles, exceeds $150,000: (a) for the most recent year for which there are such accounts; or. Subdivision E—Trade secrets and personal information. (2) The responsible digital platform corporation must ensure that the supply of the digital service does not, in relation to crawling, indexing, making available and distributing news businesses’ covered news content: (a) differentiate between registered news businesses, because of any of the following matters: (i) a bargaining news business representative for a registered news business making a notification under 52ZE(1), or not making such a notification; (ii) a bargaining news business representative for a registered news business giving a notice under 52ZL(2), or not giving such a notice; (iii) a registered news business being paid, or not being paid, an amount of remuneration for the making available of the registered news business’ covered news content by a designated digital platform service (whether or not the remuneration is paid in accordance with a determination of a panel under section 52ZX)); (iv) a registered news business being the subject of, or not being the subject of, an agreement of a kind described in section 52ZZK or 52ZZL; (v) a registered news business being the subject of, or not being the subject of, an agreement resulting from the acceptance of an offer of a kind described in section 52ZZM; or. (2) For the purposes of paragraphs 52S(1)(c) and 52T(1)(c), in determining whether the change is likely to have the significant effect mentioned in the paragraph, disregard the following matters: (a) whether, as a result of the change, there is likely to be a significant variation to the proportion of covered news content of all registered news businesses made available by the designated digital platform service represented by the covered news content of a particular registered news business; (b) the relative turnover of registered news businesses whose covered news content is made available by the designated digital platform service; (c) the relative volume of covered news content created by registered news businesses whose covered news content is made available by the designated digital platform service; (d) the relative financial position of registered news businesses whose covered news content is made available by the designated digital platform service. (c) an extract of the content is provided on the service. Nothing in this Division requires or authorises the giving of information that is personal information (within the meaning of the Privacy Act 1988). Division 3—Registered news businesses and registered news business corporations, 52F Application for registration of news business and news business corporation. means any of the following, if it produces, and publishes online, news content: means a news business that is registered under section 52G. (5) A notification made for the purposes of subsection (1) cannot be later varied to relate to a registered news business that was not set out in the notification. (1) For the purposes of this Part, the following are examples of ways in which a service distributes content that is made available by the service: (c) making the content more or less prominent; (d) making a user more or less likely to interact with the content. (2) If the bargaining parties notify the Chair of the agreement before the start of the arbitration, Subdivision C applies as if: (a) the remuneration issue related to the designated digital platform service and the specified services mentioned in subsection (1); and. Holly Friedlander Liddicoat, 21st January 2021 . (b) where a unanimous decision is not possible, the panel must make the determination by majority decision of the members of the panel. If both bargaining parties fail to submit to the panel a final offer for what the remuneration amount should be, the arbitration terminates on the day after the last day on which such a final offer could have been submitted in accordance with subsection 52ZX(4). (1) Within the period of 12 months after the commencement of this Part, the Minister must cause a review of the operation of the Part to be commenced. (1) The panel must make the determination no later than 35 business days (or, if the regulations specify a different period, the end of that period) after the latest of the following days: (a) the last day on which a final offer may be submitted in accordance with subsection 52ZX(4); (b) the last day on which a submission may be given by a bargaining party in accordance with subsection 52ZZB(1); (c) the last day on which a submission may be given by the Commission in accordance with subsection 52ZZC(1); (d) the last day on which a submission may be given by a bargaining party in accordance with subsection 52ZZC(3). (b) sets out an amount (the remuneration amount) for remunerating the registered news business for the making available of the registered news business’ covered news content by the designated digital platform service for 2 years. (2) This subsection covers information that is held by any of the following: (a) if the other bargaining party is the responsible digital platform corporation: (i) the responsible digital platform corporation; (ii) a related body corporate of the responsible digital platform corporation; or. (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020 The United States appreciates the opportunity to comment on the draft legislation, “News Media and Digital Platforms Mandatory Bargaining Code” Treasury Laws Amendment Bill 2020,” submitted by the Australian Competition and Consumer Commission for public comment on (2) Subsection (3) applies for the purposes of applying Part 13 (the applied Part) of the Broadcasting Services Act 1992 in relation to this Part in accordance with section 52ZZN of this Act. (7) To avoid doubt, the ACMA may revoke the endorsement of a registered news business corporation as the registered news business corporation for a registered news business at the same time as it endorses another registered news business corporation as the registered news business corporation for the registered news business. %���� This code has provisions to compensate media companies for using their content. The bill, which has been the subject of considerable domestic and international discussion, establishes a “mandatory code of conduct that applies to news media businesses and digital platform corporations when bargaining in relation to news content made available by digital platform … 52ZZM Offers relating to general requirements, bargaining and arbitration not prohibited. (4) The ACMA may remove the news source from the registered news business if the application is in accordance with subsection (2). (3) If the ACMA has reason to consider that a person who has been appointed as a member of the panel has any actual or potential conflict of interest in relation to the arbitration (regardless whether the person declared the conflict in accordance with subsection (2)): (a) the ACMA may give a notice in writing to the person stating that the person should no longer be a member of the panel; and. (4) The ruling may relate to all or a specified part of the information requested. 52U Change to algorithm or practice to bring about identified alteration to distribution of content with significant effect on distribution of advertising. (b) none of the news sources that comprise the business form part of a registered news business. (c) the change is likely to have a significant effect on the referral traffic from the designated digital platform service to the content that the service makes available that: (ii) is behind paywalls of registered news businesses (considered as a whole). (1) The ACMA may revoke the registration of a registered news business if the ACMA considers that one or more of the news sources that form part of the registered news business form part of another registered news business. (c) the change is likely to have a significant effect on the distribution of advertising directly associated with the registered news business’ covered news content made available by the designated digital platform service. In 2017, the Government of Australia directed the Australian Competition and Consumer Commission (ACCC) to inquire into the impact of digital platform services on the state of competition in the media and advertising services markets. 52G Registration of news business and news business corporation. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. (7) Guidelines made under subsection (1) are not a legislative instrument. 1 0 obj (3) This subsection covers a news business if: (a) the news business is not a registered news businesses; and. The law's definition of news is broad, including "content that reports, investigates or explains ... current issues or events of public significance for Australians at a local, regional or national level." (c) the endorsement of the applicant corporation as the registered news business corporation for the news business. news source means any of the following, if it produces, and publishes online, news content: (f) a program of audio or video content designed to be distributed over the internet. (b) the business’ annual revenue for a year starting before the acquisition is ascertainable from annual accounts prepared in accordance with generally accepted accounting principles. 52K Adding or removing news source from registered news business. Explanatory Memorandum, Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020, pg 29. The government tables a bill on 9 December 2020: The Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020. (3) A request under subsection (1) must: (b) set out reasons why it is reasonable for the bargaining party to make the request for the purposes of this Division; and. View bill Not surprisingly this has attracted plenty of media. Home Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020. (1) The panel is to make a determination under this subsection about the terms for resolving the remuneration issue that: (a) is in accordance with subsections (7), (8) and (9) (final offer arbitration); and. (3) Disregard any provision in the applied Part to extent that the provision allows the Minister (within the meaning of the provision) to give a direction to the ACMA that relates to the performance of the ACMA’s functions, or the exercise of the ACMA’s powers, under this Part. (1) The registered news business corporation for a registered news business is the bargaining news business representative for the registered news business. (5) Treat that reference in the provision as being to the number of business days specified in the regulations as mentioned in paragraph (4)(b). Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020. If the bargaining parties reach agreement over each core bargaining issue, they must ensure that a written notification of the agreement is given to the Commission as soon as practicable. , for a registered news business, has the meaning given by section 52ZD. [4] A privacy impact assessment is a systematic assessment of a project that identifies the impact that the project might have on the privacy of individuals, and sets out recommendations for managing, minimising or eliminating those … (1) The provisions of Subdivisions B and C create obligations in respect of every designated digital platform service, in respect of each registered news business. (4) For the purposes of subparagraph (1)(c)(i), the features of the agreement are as follows: (a) the agreement provides that it covers specified corporations (the covered corporations); and, (i) the responsible digital platform corporation; or, (iii) the registered news business corporation; or, (iv) a related body corporate of the registered news business corporation; and, (c) the agreement specifies a 2 year period (the covered period) during which it is in force; and, (d) the agreement specifies one or more designated digital platform services or other services (the covered services) of the designated digital platform corporation; and. Administered by: Treasury. The News Media Bargaining Code (or News Media and Digital Platforms Mandatory Bargaining Code) is a law designed to have large technology platforms that operate in Australia pay local news publishers for the news content made available or linkedon their platforms. (4) The ACMA may revoke the registration of a registered news business corporation if the ACMA considers that the corporation does not meet the requirement in subsection 52M(1) (the revenue test). %PDF-1.5 (4) However, the bargaining party that is the bargaining news business representative cannot give a notice under subsection (2) at a time if, within the period of 24 months ending at that time, a notice has been given under subsection (2) in respect of: (a) the designated digital platform service mentioned in paragraph (1)(a); and. The proposed law, News Media and Digital Platforms Mandatory Bargaining Code Bill 2020, mandates a bargaining code that aims to force Google and Facebook to compensate media companies for using their content. Any other statement in column 2 has effect according to its terms. Example 2: An alteration that increases or decreases the prevalence or prominence of content made available by the service with which users of the service have previously interacted. If an offer is accepted by a registered news business corporation, rules under this Part relating to bargaining and arbitration do not apply to the parties to the contract. (b) the references in paragraphs 168(2)(b) and 187(2)(b) of that Act to the “due administration of this Act” included a reference to the due administration of Part IVBA of this Act. Origi… Australia Update. Example 2: An alteration that decreases the prevalence or prominence of content made available by the service if the content is created by an automated account. 52ZP Chair to notify start of arbitration. (3) For the purposes of paragraph (1)(b), the matters are as follows: (a) a covered RNBC may accept the offer before the end of the offer period; (b) subject to paragraphs (c) and (d), such an acceptance becomes final, and a resulting agreement between the responsible digital platform corporation and the covered RNBC becomes binding, at the end of the offer period; (c) the covered RNBC may revoke such an acceptance before the end of the offer period; (d) the responsible digital platform corporation may revoke the offer before the end of the offer period. (b) the removal of a news source from the news business. (2) An arbitral panel is to be formed to arbitrate about the remuneration issue. 2 0 obj The Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020 was introduced to Parliament on 9 December 2020. 52ZZL Contracting out of general requirements, bargaining and arbitration, (a) a responsible digital platform corporation for a designated digital platform corporation (or a related body corporate of such a responsible digital platform corporation) makes a binding agreement with another corporation (the news business corporation); and, (b) the agreement provides that it covers specified corporations (the covered corporations); and, (iv) a related body corporate of the news business corporation; and, (d) the agreement specifies the period (the covered period) during which it is in force; and, (e) the agreement specifies one or more designated digital platform services or other services (the covered services) of the designated digital platform corporation; and, (f) the agreement expressly provides that some or all provisions mentioned in subsection (4) (the specified provisions) are not to apply to the extent that they would impose an obligation on one covered corporation in respect of another covered corporation in relation to the covered services; and. Each bargaining party must negotiate in good faith over each core bargaining issue. 52ZZH Joint and several liability for pecuniary liabilities, (a) a responsible digital platform corporation for a designated digital platform service is liable to a pecuniary penalty in accordance with section 76 because it contravened a provision of this Part; and. 52L Requirements for connection between corporation and news business. (b) a person who the ACMA considers has appropriate experience to be a member of an arbitral panel for the purposes of this Part. (c) the change is likely to have a significant effect on the referral traffic from the designated digital platform service to the covered news content of registered news businesses (considered as a whole) that the service makes available. (2) The ACMA may revoke the registration of a registered news business if the ACMA considers that any of the following requirements are not met in relation to the news business: (a) the requirement in subsection 52N(1) (the content test); (b) the requirement in subsection 52O(1) (the Australian audience test); (c) the requirement in subsection 52P(1) (the professional standards test). (c) give details of that point of contact to every registered news business corporation: (i) unless subparagraph (ii) applies—no later than 10 business days after the responsible digital platform corporation sets up the point of contact; or, (ii) if the registered news business corporation is registered under section 52G after the responsible digital platform corporation sets up the point of contact—no later than 10 business days after the registered news business corporation is registered under section 52G; and, (d) acknowledge every communication to that point of contact from a registered news business corporation for a registered news business that relates to the registered news business’ covered news content made available by the designated digital platform service; and.
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