Australia’s controversial media code that targets Google and Facebook is now law
Online giants now required to negotiate fees with media orgs
When you purchase through links on our site, we may earn an affiliate commission.Here’s how it works.
Australia’s parliament has passed a controversial new law that will requireGoogleand Facebook to pay Australian media for linking to and sharing any news content they publish.
Australia’s treasurer, Josh Frydenberg, said the passing of the news media bargaining code was “a significant milestone” and that “this legislation will help level the playing field and see Australian news media businesses paid for generating original content.”
A joint statement between Frydenberg and Australia’s communications minister, Paul Fletcher, said that the code “provides a framework for good faith negotiations between the parties and a fair and balanced arbitration process to resolve outstanding disputes.”
The Morrison Government’s world-leading news media bargaining code has just passed the Parliament. This is a significant milestone.This legislation will help level the playing field & see Australian news media businesses paid for generating original content. @PaulFletcherMP pic.twitter.com/33bQbiqeMIFebruary 24, 2021
The story so far
The media bargaining code has been strongly opposed by both Google and Facebook, withGoogle threatening to remove its search enginefrom Australia entirely if the law was passed, while Facebook went ahead andremoved all newsfor its Australian users – as well as posts from some critical government pages and not-for-profit organizations in the process.
Facebook soon reversed its banafter significant backlash, and came to the table to negotiate with the government, which resulted in a handful of last-minute amendments to the then proposed law.
One of the introduced changes now gives news publishers and tech companies two months to negotiate on the amount to be paid before an independent arbitrator must step in as a last resort.
Meanwhile, Google has been striking independent deals with large Australian news organizations for the rights to use their content. In response, Frydenberg said, “none of these deals would be happening if we didn’t have the legislation before the Parliament.”
Get the best Black Friday deals direct to your inbox, plus news, reviews, and more.
Sign up to be the first to know about unmissable Black Friday deals on top tech, plus get all your favorite TechRadar content.
As of yet, the brokered deals have largely been between Australia’s major news outlets, including News Corp, Seven West Media and Nine Entertainment Co. There have not been any reports of deals between the tech giants and smaller regional news organizations – some of the hardest hit by the rise of Facebook and Google – though the government remains confident deals will be inked.
“We do expect there to be arrangements with small and regional publishers as well as the larger ones, albeit through a more efficient mode of engagement through a default offer," said Fletcher.
The new law was drawn up by the Australian Competition and Consumer Commission (ACCC), a consumer watchdog, and primarily wants to address what the ACCC calls a “significant bargaining power imbalance” between Australian news businesses and the tech giants.
At least one tech giant is pleased to see the media code passing through Australia’s parliament – President ofMicrosoft, Brad Smith,tweetedthat the new law is “a big step forward.”
“It helps ensure publishers and journalists get paid a fairer share for their work. Australia has shown what’s possible and other democracies around the world can build on their ideas,” he said.
The code is said to be up for review in one year, to ensure the policy has been effective.
Jasmine Gearie was previously an Ecommerce Editor at TechRadar Australia, with a primary focus on helping readers find the best mobile and NBN plans. During her time with TechRadar, she also reported on important telco news in Australia, and helped track down tech deals to help readers save money.
Professionals are facing “tech overload” as they try to juggle multiple devices in the workplace
The Galaxy S25 Ultra’s rumored iPhone-beating power could tempt me back to Android
Do-it-yourself repair kits for the iPhone 16 series are now available from Apple
