The Albanese government has ushered in a significant development for the media landscape by unveiling the draft legislation for the News Bargaining Incentive (NBI) and initiating a consultation process. This marks a pivotal moment for the media sector, as it seeks to redefine relationships between digital giants and news outlets.
The proposed NBI legislation intends to impose fees on major digital platforms like Meta, Google, and ByteDance, the parent company of TikTok. However, these companies have an opportunity to reduce their financial obligations by forging commercial agreements with Australian news publishers. Should they choose to forgo such agreements, they will be required to pay a fee calculated as a percentage of their revenue.
The revenue collected through these fees is earmarked to bolster the news media industry, specifically to support journalism. The government is currently soliciting feedback on the most effective means to distribute these funds, aiming to ensure that the financial boost directly benefits the sector.
Assistant Treasurer Daniel Mulino emphasized the importance of maintaining a distinctly Australian perspective in the media. “In an increasingly uncertain world, it is crucial Australians are able to get news seen through Australian eyes and with an Australian perspective,” he stated. Mulino also highlighted the potential for collaboration, expressing hope that large digital platforms will engage in mutually beneficial commercial deals with the news media.
“In an increasingly uncertain world, it is crucial Australians are able to get news seen through Australian eyes and with an Australian perspective,” Assistant Treasurer Daniel Mulino said.
“Large digital platforms have an important role to play in providing access to news for all Australians and being partners in innovation, we would like to see them work with the news media on commercial deals with benefit to both parties.”
Major media companies across the country, including Nine, the publisher of this website, called the draft legislation a “critical step toward securing the future of Australian news” in a joint statement released today.
“The vibrancy of Australian democracy relies on the robust and open exchange of news, views and opinions. This is under threat,” the conglomerate wrote.
“If digital platforms fail to pay for the use of the news content from which they profit then journalism becomes unsustainable.
“It is also in the public interest that reliable, professionally created news and information remains accessible and visible on the digital platforms used by millions of Australians.
“It is also in the public interest that reliable, professionally created news and information remains accessible and visible on the digital platforms used by millions of Australians.”
The statement was penned by executives from Nine Entertainment Co, as well as Network Ten, ABC, SBS, Southern Cross Media Group, Australian Community Media, News Corp Australasia and The Guardian Australia.
The proposed law sets out to address a shortcoming in the current News Media Bargaining Code, set up by the Morrison Government in 2021, which allowed social media giants to avoid entering into agreements by removing news from their service.
In early 2024, Meta announced it would not renew its Australian news agreements.
Many news services across the country currently distribute their content for free online.
The Albanese Government committed to establishing the NBI in December 2024, with the aim of incentivising social media giants to “contribute to the sustainability of Australian news and journalism”.
“It has been more than two years since Meta walked away from previous deals and almost 18 months since the government announced the NBI,” the joint media statement read.
“While Google has been positive about doing deals, others need to come to the table, and all platforms need to step up.
“We urge all parliamentarians to support safeguarding Australian journalism and the vital role it plays in our democracy, for all Australians.”
The NBI will apply to Australian news organisations, including newspapers, magazines, TV news programs, radio programs and websites, with an annual revenue over $150,000, according to the draft legislation.
“Journalists are the lifeblood of Australia’s media sector, playing a vital role in keeping communities informed about the news that matters to them,” Albanese said.
“Local news matters to local communities and these stories can’t be told without Australian journalists.
“My Government will always back Australian journalists and Australian news.”
The feedback period closes on May 18 and can be submitted online.
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