How The Generative AI Boom Proves We Need Journalism

Danielle Coffey, CEO and president of the News/Media Alliance, believes journalism and generative AI can play nice.

But first, generative AI companies must get real about the value journalism brings to their products.

“This doesn’t have to be a zero-sum game,” Coffey told AdExchanger. “These innovative technologies are very promising, but it doesn’t have to be at the expense of journalism.”

AI companies acknowledge the value of journalism, Coffey said… So, she argued, they should look at working with journalists as part of the cost of doing business – similar to how Netflix or Spotify compensate content creators for their IP.

Click here to read the rest of the Q&A on AdExchanger‘s website.

Related:

News/Media Alliance Artificial Intelligence articles

Alliance CEO Op-Ed: Can AI companies and media publishers work together?

AI White Paper: How the Pervasive Copying of Expressive Works to Train and Fuel Generative Artificial Intelligence Systems Is Copyright Infringement And Not a Fair Use

AI Principles

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The News/Media Alliance, which merged with MPA – The Association of Magazine Media in July 2022 – works with its members to advance news and magazine industry priorities through advocacy, critical research, resources and events that demonstrate the value and importance of supporting and preserving a free and independent press.

“We are delighted to welcome these 16 news, magazine, and digital media organizations to the Alliance family, and we are grateful for their support and their recognition of the need to share a voice on important issues facing the industry,” stated News/Media Alliance President & CEO Danielle Coffey. “The support of these innovative, multimedia businesses are invaluable as we continue to advocate on behalf of the industry and fight for the future of journalistic and creative content.”

The need to support and sustain quality journalism has reached a new level of urgency this year, as the rapid adoption of generative AI has introduced yet another threat to publishers of original content. The Alliance published a White Paper in October that found AI companies significantly overweight publisher content in their crawling of the web – often while not paying the publishers who invested in producing that content – to train their generative AI systems, coming in direct competition with publishers, as well as infringing on publishers’ copyrights.

The Alliance continues to push for legislation to require Big Tech platforms such as Meta and Google to pay publishers for the use of their content, with the Journalism Competition & Preservation Act (JCPA) being reintroduced in the Senate earlier this year. Canada recently passed similar legislation, which is modeled after the law in Australia that has been extremely successful, and the California State Assembly introduced a state journalism compensation bill that was the subject of a Senate informational hearing last week.

In addition, the News/Media Alliance works on behalf of its members to advocate on press freedom/First Amendment issues, privacy, digital advertising, copyright, postal delivery and more.

New News/Media Alliance members in 2023 include (not a complete list):

• AlterNet
• American Craft Council
• California Broker Magazine
• The Economist
• Future PLC
• G/O Media Inc.
• Grandstand Publishing LLC
• The Guardian
• Hughes Media Corp.
• Raptive
• Raw Story
• Rookie Road
• Style Media Group Inc.
• Today Media Inc.
• Ziff Davis

Coffey continued, “We look forward to working with our new members and all of membership to move forward key legislative and policy initiatives and demonstrate the importance and need for high-quality content in an information-driven world.”

For more information about membership in the News/Media Alliance, please click here.

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The News/Media Alliance is a nonprofit organization representing more than 2,200 news, magazine and digital media organizations and their multiplatform businesses in the United States and globally. Alliance members include print and digital publishers of original journalism. Headquartered just outside Washington, D.C., the association focuses on ensuring the future of journalism through communication, research, advocacy, and innovation. Information about the News/Media Alliance can be found at www.newsmediaalliance.org.

The post News/Media Alliance Grows Membership to Over 2,200 News, Magazine & Digital Media Organizations in 2023 appeared first on News/Media Alliance.

Here is a collection of photos from the day:

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Support Local Journalism Awards Reception photographs by Will Reintzell Photography.

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Arlington, VA – Eighty-four participants representing news publishers in 25 states across the country will meet with Senators and Representatives on Capitol Hill in Washington, D.C. today as part of a Support Journalism Fly-In hosted by the News/Media Alliance, a nonprofit trade association representing more than 2,000 print and digital news and magazine publishers in the U.S. The Fly-In is being held to advocate for the importance of quality journalistic and creative content and the need for legislative action in the United States.

“Our members are here in Washington today because they are passionate about quality journalism, and right now its future is at risk,” stated News/Media Alliance President & CEO Danielle Coffey. “Current marketplace imbalances and economic headwinds have created an environment where quality is no longer rewarded, and intermediaries benefit at the expense of those who invest in the creative process.  If we allow this to continue, we will lose the invaluable benefits of a free press, which is critical to an informed society and a functional democracy.”

In their meetings with Members of Congress, publishers will discuss the need for fair compensation from the Big Tech platforms in the form of the bipartisan Journalism Competition and Preservation Act (JCPA, S. 1094); protection from unlawful scraping of content by artificial intelligence systems; tax credits such as those stipulated in the Community News and Small Business Support Act (H.R. 4756); and privacy legislation.

Executives representing news publishers of all sizes will be in attendance.

Chris Argentieri, President of California Times, which includes the Los Angeles Times stated, “In times of crisis, in times of curiosity, and in times of concern, people turn to news organizations they trust to provide guidance and information on the news of the day.”

Debby Krenek, Publisher, Newsday Media Group, LLC stated, “Newsday’s reporters are the lifeblood of our communities on Long Island and help establish the bedrock of a healthy democracy by informing and empowering all Long Islanders. Local journalism is not a luxury. It’s a necessity and it is under existential threat.”

Grant Moise, CEO of DallasNews Corporation and President & Publisher of The Dallas Morning News stated, “The Dallas Morning News employs over 600 people, and these colleagues’ dedication and hard work helps keep North Texans informed and empowered daily. In the digital age, journalism faces many threats. We are here to ask you to support our industry, not just for us, but for all Americans.”

Last night the Alliance recognized Senator Amy Klobuchar (D-MN) for her contributions to preserving quality journalism at a “Support Local Journalism” reception held at the Washington Post ‘s headquarters. Senator John Thune (R-SD) will also accept an award for his contributions to sustaining quality journalism at a meeting with publishers today.

Coffey added, “We appreciate the hard work and dedication of Senators Klobuchar, Kennedy and Thune, and we look forward to working with them to save local journalism so that future generations can rely on timely, vetted news and information that impact their daily lives.”

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Media Contact:
Lindsey Loving
Director, Communications
lindsey@newsmediaalliance.org

The News/Media Alliance is a nonprofit organization representing more than 2,000 news and magazine media organizations and their multiplatform businesses in the United States and globally. Alliance members include print and digital publishers of original journalism. Headquartered just outside Washington, D.C., the association focuses on ensuring the future of journalism through communication, research, advocacy, and innovation. Information about the News/Media Alliance can be found at www.newsmediaalliance.org.

The post News/Media Alliance Hosts ‘Support Journalism’ Fly-In to Advocate for Importance of Quality Journalism appeared first on News/Media Alliance.

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According to an analysis, The News Media Bargaining Code in Australia has resulted deals being reached between Meta and Google and publishers large and small that have allowed publishers to hire journalists, leading to what Australian journalists are saying is the best time to be a journalist. For example, The Guardian increased its newsroom employment from 70 to roughly 150 journalists, in large part due to revenue received under the Code, and the Australian Broadcasting Company announced in December 2021 that it was creating more than 50 journalist positions in regional locations as a result of the Code.

Without compensation from the Big Tech platforms for use of their content, and the tech platforms’ continued dominance over the majority of digital advertising revenue, U.S. publishers are left with scraps to invest in continuing to provide quality journalism. The Journalism Competition Preservation Act (JCPA), like the Australia Code, would create journalism jobs in the U.S., requiring the Big Tech platforms to compensate news publishers for use of their content, funneling needed revenue to publishers that can be used to hire reporters.

Local news reporters are members of the community and they work hard to deliver important news and information that their fellow community members want and need, as well as hold government officials and others in positions of power accountable. When you support journalism, you support your neighbor and your community by supporting job creation.

If Congress doesn’t pass the JCPA now, communities across America will continue to lose quality local, fact-based news coverage. When you support the JCPA, you support journalism and the creation of journalism jobs.

Contact your member of Congress today to support the JCPA and help sustain your local journalists and news publishers: 202.224.3121

Learn more about the JCPA

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Legislation around the world to require Big Tech platforms to pay news publishers for use of their content is working.

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Legislation around the world requiring Big Tech platforms such as Google and Meta to pay news publishers fairly for use of their valuable content is working. In Australia, the News Media Bargaining Code (NMBC) is balancing the playing field between publishers and online platforms, allowing for a more sustainable foundation for the preservation of high-quality journalism.

Right now in the U.S., Google and Facebook capture the vast majority (70%) of all digital advertising dollars, leaving publishers with insufficient resources to reinvest in providing the journalism Americans need and rely on to stay informed and engaged. Ad revenue for Facebook and Google is four times larger than for all U.S. news publishers combined. In addition, research has found that two-thirds of searches on Google don’t end in a click to a third-party site because they use large segments of publishers’ content to keep users from leaving their platform.

Small publishers on their own have no negotiating power to challenge the basic terms offered by the dominant tech platforms. Bipartisan legislation currently under consideration in the U.S., the Journalism Competition & Preservation Act (JCPA), like the NMBC, would allow local news companies to negotiate with Big Tech to receive fair compensation for the use of their content.

If Congress doesn’t pass the JCPA now, communities across America will continue to lose quality local, fact-based news coverage. When you support the JCPA, you support journalism and help to ensure news and quality journalism live to report another day.

Contact your member of Congress today to support the JCPA and help sustain your local journalists and news publishers: 202.224.3121

Learn more about the JCPA

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One-fifth of the population lives in a news desert or in a community at risk of becoming one.

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We sometimes take for granted that our local newspaper will always be there when we need it. But the stark reality is that one-quarter (2,500) of the country’s newspapers have shuttered since 2005, and another third are expected to close by 2025 if we don’t do something to reverse this startling trend. Lower-income communities are disproportionately impacted by the closure of local newspapers, which serve as a check on the local, state and federal governments.

When residents lose their local news source, they lose their community watchdog and their way to stay connected, informed and engaged about what’s happening in their community. Supporting quality journalism is the only way to stop the growth of news deserts.

The Journalism Competition & Preservation Act (JCPA) is a bipartisan bill that would allow local news companies to negotiate with Big Tech to ensure they are treated fairly and compensated justly, helping to sustain this critical function in our society. If Congress doesn’t pass the JCPA now, communities across America will continue to lose quality local, fact-based news coverage.

When you support the JCPA, you support journalism and help to ensure news publishers can continue to invest in providing the important news and investigative journalism you want and need to help stay informed and engaged.

Contact your member of Congress today to support the JCPA and help sustain your local journalists and news publishers: 202.224.3121

Learn more about the JCPA

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Without quality journalism, we’d be cut off from the outside world.

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Have you ever thought about how many times you look at your phone in a given day, and how much your need to be connected with your community and the world through staying informed about the latest news and information from local news publishers drives that behavior?

From the latest weather affecting your neighborhood, to community events offering enrichment and connection, to local government corruption that harms residents, local news reporting strengthens our community. But local papers across the country are under threat. Big Tech doesn’t produce original journalism – they take advantage of the news and information created by local publishers, reaping the financial benefits without paying for it.

The Journalism Competition & Preservation Act (JCPA) is a bipartisan bill that would allow local news companies to negotiate with Big Tech to ensure they are treated fairly and compensated justly. If Congress doesn’t pass the JCPA now, communities across America will continue to lose quality local, fact-based news coverage.

When you support the JCPA, you support journalism and help to ensure news publishers can continue to invest in providing the important news and investigative journalism you want and need to help stay informed and engaged.

Contact your member of Congress today to support the JCPA and help sustain your local journalists and news publishers: 202.224.3121

Learn more about the JCPA

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The briefing discusses why these provisions are not applicable to the Online News Act in the first place and how, even if they were applicable, the bill would not be in violation of the relevant prohibitions. It also emphasizes the vital public welfare rationale behind the Act – and others, including the News Media Bargaining Code and the Journalism Competition and Preservation Act in the United States – and how this aligns with the Biden Administration’s all-of-government competition initiative. The briefing calls for the USTR to restrain from expressing reservations on the Act, noting that doing so would undermine similar efforts in the United States. Read the full briefing here.

The post News/Media Alliance Rebuts Arguments That Canada’s Online News Act Violates Treaty Obligations appeared first on News/Media Alliance.

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The below Q&A is from an interview with News/Media Alliance Executive Vice President & General Counsel, Danielle Coffey, published in the February 2023 edition of Editor & Publisher Magazine. The original article is available here.

Q: In what ways have copyright laws and compliance become more complicated in the digital, social media age?

A: There are two sides to this question. First, digital transformation has led to a proliferation in the availability of news sources and content for journalists and publishers, as well as the number of middlemen that publishers have to deal with regularly. As a result, publishers must pay more attention to due diligence — ensuring that they understand the relationships between the original copyright owner and any platforms or middlemen they may use and that they have the necessary rights to any content they publish.

For example, many publishers have recently struggled with the legal uncertainty around using embedded content on Instagram without explicit authorization from the original poster. Related to this, the increased availability of photos and videos taken by amateurs during news events — especially fast-moving ones where time is of the essence — raises important questions on how to acquire the necessary licenses while remaining on top of the newsworthy situation. These conditions require publishers to pay particular attention to ensuring they comply with applicable copyright laws.

Second, the digital age has also made it more complicated for publishers to protect their content against unauthorized uses. These uses range from the overly-expansive use of news content by search and social media platforms, which the Alliance has advocated against at length, to the use of news content for AI training purposes, to the unlawful posting of full-text articles on services often based abroad, often within minutes of publication, threatening the original publishers’ ability to benefit from subscription and digital advertising revenues. These uses are often systematic, and the infringers are hard to detect and locate, making enforcing copyright laws difficult, time-consuming and expensive.

Q: How have U.S. copyright laws and protections been challenged in the courts in recent years? Are there particular cases that news publishers should be familiar with — or concerned about?

A: There have been a few cases in the last five years with implications for news publishers, with some of the most important being Fox News Network v. TVEyes (2018), Goldman v. Breitbart (2018), and Warhol v. Goldsmith (ongoing).

TVEyes concerned a service that copied broadcasts from over 1,400 TV and radio stations and allowed its subscribers to search, download, watch and share clips of these programs. The District Court had found that both the search function and the watch function were fair use. Fox appealed the decision as it related to the watch function, and the Circuit Court reversed, finding the fourth fair use factor — related to potential market harm — decisive. This was a key victory for rightsholders, with the Court correctly noting that the market effect on the copyright owner should be a major factor in fair use analysis and giving leverage to the argument that even the use of clips of protected content can hurt the copyright owner and should be subject to serious scrutiny.

Meanwhile, Goldman focused on publishers’ ability to embed third-party content from social media. Specifically, the defendants had embedded a tweet with the plaintiff’s photograph of Tom Brady without the original poster’s authorization. Rejecting the Ninth Circuit’s “server test,” the Second Circuit agreed with Goldman, finding that the embedding violated his exclusive rights despite the image being hosted on a third-party server. Similar questions have since arisen in other cases, often concerning Instagram — which recently introduced an option to opt-out of embedding following discussions with the News/Media Alliance — with one publisher settling a case brought by a photographer in New York and Instagram managing to squash a class-action lawsuit against itself related to its embedding function in California. This remains an important debate for publishers to follow.

Lastly, we’re also eagerly awaiting the Supreme Court’s decision on Warhol, which concerns Andy Warhol’s paintings of Prince, based on a portrait taken by photographer Lynn Goldsmith for Vanity Fair before Prince became famous. Following Prince’s death, Goldsmith discovered that Warhol had made a whole series of paintings based on the photo without her permission. The case raises important questions about what amounts to “transformative use” within fair use analysis. The Alliance submitted an amicus brief in support of neither party, outlining some of the delicate considerations the case raises, including how an overly broad definition of “transformative use” could threaten the copied work right. The Court heard oral arguments in the case this past October, with the decision due this spring.

Q: Copyright was at the heart of the news publisher v. Big Tech negotiations in Europe. Can you share a synopsis of those negotiations and where things stand in Europe? Also, help us wrap some context around what’s happened in Europe and what it may mean for news publishers here in the States.

A: The European Union’s adoption in 2019 of its Directive on Copyright in the Digital Single Market, including Article 15, which requires member states to create a so-called “Publishers’ Right,” was a landmark development. It acknowledged the inability of publishers to effectively protect their content online against unauthorized uses by online platforms and provided publishers with an independent right to do so. In France, the first country to implement Article 15 in national law, publishers soon encountered problems negotiating with Google. In 2019, soon after the law’s adoption, Google refused to pay publishers and indicated it would stop showing excerpts in search results unless a publisher waived its right to compensation. Following a challenge by French publishers, the French competition authority issued an interim ruling, finding that Google likely engaged in anticompetitive behavior and required Google to engage in negotiations. While Google engaged in negotiations and reached some deals after the decision, the French competition watchdog issued a €500 million fine against Google a year later for failing to comply with the orders on conducting such negotiations. Following this fine, Google proposed commitments in early 2022 to change its practices and to resolve the investigation into its anticompetitive practices. The competition authority accepted Google’s commitments in June, with Google expected to negotiate with a broader selection of publishers in good faith.

From the publishers’ viewpoint in the United States, Europe established a precedent that Australia improved upon. The Alliance has embraced a model similar to Australia based on competition law, where the anticompetitive conduct and power of the monopolies are more squarely addressed. The Journalism Competition and Preservation Act, considered by Congress during the last session, would have adopted a similar approach in the U.S. to the Australian model, while Canada, the UK, and India are also considering similar approaches. All of the approaches attempt to address the disparities in the digital ecosystem that allow dominant online platforms not only to set the rules of the game but to reap the vast majority of rewards. Publishers need more leverage to negotiate fairer terms and compensation that help preserve high-quality journalism for future generations.

Q: Is the News/Media Alliance engaged in lobbying Congress for any changes to copyright law or protections granted to news publishers?

A: In comments submitted with the Copyright Office, the Alliance recommended that Congress explore a sui generis, or quasi-property right, that would recognize an exchange of value outside of the fair use factors but within copyright law. We are also actively advocating for changes that would allow publishers to register dynamic web content, which is currently impossible. This would significantly affect the publishers’ ability to register and protect their content online effectively.

Q: Who, typically or ideally, should be concerned with or tasked with copyright compliance at the news publisher?

A: This depends a lot on the type and size of the publication, with no easy one-size-fits-all answer. Some large publishers may have whole teams responsible for ensuring compliance with various laws, including copyright, while smaller outlets may rely on an individual person, such as an image editor. The most important thing is that whoever is responsible for compliance takes their job seriously, has the time and resources to do so properly, and has the authority to affect publishing decisions.

The post Q&A: Navigating Copyright Compliance Issues for News Publishers appeared first on News/Media Alliance.

Image credit: lucky-photographer – iStock / Getty Images Plus via Getty Images

Last updated October 10, 2023

The following articles, op-eds, and editorials have been published in support of the Journalism Competition & Preservation Act (JCPA) and the California Journalism Preservation Act (CJPA).

Read more about the JCPA here.

• The Northside Sun: Opinion: Lobbying Congress to Save Journalism – October 6, 2023
• The Examiner News: My Trip to Capitol Hill, and the Desperate Need to Save Newspapers – October 2, 2023
• Peekskill Herald: Newspaper publishers lobby Congress for passage of bill to protect local journalism – September 29,2023
• GXpress: Publishers fly in to Washington to argue JCPA case – September 28, 2023
• The Daily Catch: Daily Catch Team Meets with Schumer and Other Leaders in Washington to Discuss Saving Local News – September 28, 2023
• The Post Standard/Syracuse.com: News publishers descend on Washington, seeking even playing field with Google, Facebook – September 27,2023
• TribLive: At White House meeting, Trib CEO urges support of bill to save local news – September 27,2023
• North Platte Telegraph Online: Danielle Coffey: Big Tech is threat to your local news – September 27,2023
• Richmond-Times Dispatch: Danielle Coffey: Big Tech is threat to your local news – September 25, 2023
• Wisconsin State Journal: Danielle Coffey: Big Tech is threat to your local news – September 25, 2023
• Tulsa World: Danielle Coffey: There is no replacement for quality journalism – September 25, 2023
• Star-Herald: Danielle Coffey: Big Tech is threat to your local news – September 25, 2023
• Billings Gazette: Readers lose when Big Tech sets the rules for local news – September 24, 2023
• Independent Tribune: Readers lose when Big Tech sets the rules for local news – September 23, 2023
• The Dispatch-Argus: Readers lose when Big Tech sets the rules for local news – September 23, 2023
• The Buffalo News: The Editorial Board: Restoring fairness between publishers and Big Tech – September 23, 2023
• Palm Beach Post: Make social media giants pay fair share for news they post | Opinion – September 20, 2023
• Spokesman-Review: Danielle Coffey: There is no replacement for quality journalism – September 17, 2023
• The Central Virginian: There is no replacement for quality journalism: Support needed – September 14, 2023
• Detroit Lakes Tribune Editorial: There is no replacement for quality journalism – September 14, 2023
• Grand Forks Herald Editorial: There is no replacement for quality journalism – September 13, 2023
• The Bemidji Pioneer: Editorial: There is no replacement for quality journalism – September 13, 2023
• Pine Journal Editorial: There is no replacement for quality journalism September 13, 2023
• Perham Focus Editorial: There is no replacement for quality journalism –  September 13, 2023
• Brainerd Dispatch: Editorial: There is no replacement for quality journalism – September 13, 2023
• The Globe Editorial: There is no replacement for quality journalism – September 13, 2023
• West Central Tribune: Editorial: There is no replacement for quality journalism – September 12, 2023
• Park Rapids Enterprise: Editorial: There is no replacement for quality journalism – September 13, 2023
• The Jameston Sun: Editorial: There is no replacement for quality journalism – September 13, 2023
• The Mitchell Republic Editorial: There is no replacement for quality journalism – September 13, 2023
• The Dickenson Press: Editorial: There is no replacement for quality journalism – September 13, 2023
• The Examiner News: Support Needed to Continue Providing Vital News and Information to Readers – September 12, 2023
• InForum: Editorial: There is No Replacement for Quality Journalism – September 12, 2023
• The News Courier: There is No Replacement for Quality Journalism: Support Urgently Needed to Continue Providing Vital News and Information to Readers – September 9, 2023
• Jackson Northside Sun: Opinion: Heading to DC to Help Save Local Journalism – September 1, 2023
• The Seattle Times: The Underrated Value of News Content to Google – August 18, 2023
• The Sacramento Bee: Facebook and Google want to kill this California bill. Here’s why they’re wrong / Opinion – July 18, 2023
• The Seattle Times: Congress must stand up to tech bullying on news content – July 10, 2023
• The Los Angeles Times: California bill requiring Big Tech to pay for news placed on hold until 2024 – July 7, 2023
• The Berkshire Eagle: Our Opinion: Sens. Warren and Markey, the Journalism Competition and Preservation Act deserves your support – June 15, 2023
• The Colorado Sun: Opinion: Your local newspaper does the work; big tech reaps the ad dollars – June 11, 2023
• Des Moines Register: Opinion: Local journalists should benefit when companies use their work – June 11, 2023
• The Los Angeles Times: Opinion: Making Google and Meta pay for news they profit from – June 7, 2023
• Boston Herald
• Wisconsin State Journal
• The Daily Progress
• The Free Lance-Star
• USA Today
• Polk County Itemizer-Observer
• Kenosha News
• The Seattle Times
• The Oregonian
• Tampa Bay Times
• Petaluma Argus-Courier
• Alabama Live
• New York Daily News
• Vox Media
• NOLA Live
• Mass Live
• Deseret News
• InForum
• The Moderate Voice
• Techy Kings
• Elk Valley Times
• The Tennessean
• Daily Local News
• Paul Monitor
• Cadillac News
• The Mercury News
• The Daily Journal
• Delco Daily Times
• Lake County Record-Bee
• Penn Live Patriot News
• Cleveland.com
• The Webster Progress-Times
• The Daily Caller
• Washington Examiner
• Newsmax
• The Spokesman-Review
• The Mercury News
• The Daily Caller
• The Hill
• FoxNews.com
• Wisconsin State Journal
• New Hampshire Union-Leader
• The Seattle Times
• Real Clear Policy
• Washington Examiner
• The Providence Journal
• Boulder Daily Camera
• The Wall Street Journal
• National Review
• Rep. Ken Buck via Twitter
• Cook County News Herald
• The Greenwood Commonwealth
• Mankato Free Press
• Wednesday Journal of Oak Park and River Forest
• The Advocate
• NJ.com
• The Buffalo News
• Spot on Mississippi
• The Astorian
• SILive
• Tulsa World
• Newtown County Appeal
• The Reporter
• MLive.com
• Lehigh Valley Live
• Eastbay Times
• The Times Herald
• Daily Camera
• Jaun News
• Niagara Gazette
• Scottsbluff Star Herald
• Focus Daily News
• Baltimore Sun
• Dominion Post
• The Telegraph
• The Examiner
• Tyler Morning Paragraph
• Arizona Daily Sun
• Martinsville Bulletin
• The Victoria Advocate
• Leadertimes
• Pittsburgh Tribune-Review/TribLive.com
• Press Herald
• Midway Como Frogtown Monitor
• The Globe
• Pioneer Press
• Sentinel and Enterprise
• The Press Democrat
• West Central Tribune
• Wyoming Tribune Eagle
• Orlando Sentinel
• Bangor Daily News
• Seattle Times
• Herald-Review
• Wisconsin Newspaper Association
• The Pantagraph
• The Press of Atlantic City
• Duluth News Tribune
• Claremont Courier
• The Blount Countain
• Citrus County Chronicle
• Calveras Enterprise
• N’West Iowa Review
• Brattleboro Reformer
• The Caledonian-Record
• Pittsburgh Post-Gazette
• Bennington Banner
• The Shelbyville News
• The Courier-Times
• The Madison Journal
• Los Angeles Daily News
• Easy Bay Times
• Mercury News
• New York Daily News
• Chicago Tribune
• The Staten Island Advance
• Syracuse.com
• NYVT Media
• The Daily Gazette
• The Citizen
• The Daily News
• Aurora News Register
• Bowling Green Daily News
• Watertown Daily Times
• Livingston County News
• Democrat & Chronicle
• The Daily Journal
• Lohud
• The Courier Journal
• Winchester Sun
• SC Now
• My Central Jersey
• News Break
• The Leader
• Observer-Dispatch
• Burlington County Times
• Roanoke Times
• St. Louis Post-Dispatch
• Danville Register and Bee
• Lake Geneva Regional News
• Napa Valley Register
• Press of Atlantic City
• Fremont Tribune
• Denison Bulletin Review
• Quad-City Times
• The Times-News
• Elko Daily Free Press
• News & Record Online/Greensboro.com
• Independent Journal
• Casper Star-Tribune
• Billings Gazette
• Herald & Review
• The Post-Star
• Albany Democrat-Herald
• Richmond.com
• Sun Sentinel
• Los Alamos Daily Post
• Editor and Publisher
• Dallas Morning News
• The State Journal
• Maryville Forum
• Courier Tribune
• Idaho Mountain Express
• Seattle Times
• Editor and Publisher
• Washington Examiner
• Seattle Times
• The Press Democrat
• Petaluma Argus-Courier
• St. Clair News-Ageis
• Cleburne Times Review
• The News Courier
• Circleville Herald
• Daily Camera
• The Reporter
• The Mercury News
• Government Technology
• The Washington Post
• Seattle Times
• Los Angeles Times
• Gizmodo
• Inside Radio
• Press Gazette
• National Post
• The Wall Street Journal
• California Globe
• Washington Examiner
• The Fort Bend Herald
• IT World Canada
• Brooklyn Eagle
• Boondoogle
• Mercury News and Bay Times Editorial Boards
• Subscription Insider
• NOLA.com
• St. Louis Post-Dispatch
• Bollyinside
• Claremont Courier
• Fortune
• The Seattle Times
• The Sacramento Bee
• Washington Examiner
• Business and Politics
• NPR
• Reuters
• Gizmodo
• Huffington Post
• National Review
• California Globe
• Bloomberg Law
• LA Times
• CBS News
• Fox News
• Market Watch
• The Hill
• Radio and Television Business Report
• Suscription Insider
• Washington Post
• The Sacramento Bee
• AFP News
• Inside Radio
• The Daily Caller
• Seattle Times
• American Economic Liberties Project
• Highland County Press

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The post Op-Eds and Editorials Supporting the JCPA appeared first on News/Media Alliance.

Particularly notable is the support from Australia where nearly 18 months ago, its parliament adopted legislation creating the News Media Bargaining Code, a code of conduct to address bargaining power imbalances between Australian publishers and Big Tech.

A new analysis from the News/Media Alliance states, “Like the JCPA… the Australian Code does not attempt to solve all the problems faced by news publishers in the online ecosystem. Instead, the sole purpose of both measures is to balance the playing field between publishers and online platforms, creating a more sustainable foundation for the preservation of high-quality journalism.”

The Australian media endorses U.S. efforts to pass the JCPA because they’ve seen the success of their own legislation firsthand. Thanks to the code, Facebook and Google have now paid over $140 million to qualifying publishers – publishers which employ an estimated 90-plus percent of Australian journalists. In a recent report, former Australian Competition and Consumer Commission (ACCC) Chair Rod Sims confirmed the success of the News Media Bargaining Code, estimating that the compensation accrued to date amounts to approximately 20 percent of Australian journalists’ salaries and likely more than 20 percent of eligible publishers’ combined earnings before interest, taxes, depreciation, and amortization.

In response to the recent progress on the JCPA, Sims stated, “I am delighted to see the JCPA advancing through the US Congress.  It will benefit US media significantly, and so will greatly strengthen the USA in so many ways.”

Similar legislation is also in the works in Canada, Europe and the United Kingdom. Canada’s Online News Act, a bill which aims to ensure fair compensation for news media, was introduced in April 2022 and, following the adoption of new laws in the European Union, publishers have had successful negotiations with Google, which signed deals to pay more than 300 publishers in May 2022. The UK is also likely to introduce new legislation in the coming months to combat Big Tech’s influence on local media by granting statutory powers to the Digital Markets Unit (DMU), its tech watchdog organization. We applaud their efforts to hold Big Tech accountable and make local news more sustainable.

As the JCPA moves forward in the U.S. Congress – the Senate text of the bill was released Monday and is on the agenda for Senate Judiciary Committee markup in September – we thank our international supporters for urging passage of the JCPA in both the Senate and House of Representatives.

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Media Contact:
Lindsey Loving
Director, Communications
lindsey@newsmediaalliance.org

The post Statement: International Organizations Support the JCPA appeared first on News/Media Alliance.

Image credit: baona / iStock/Getty Images Plus via Getty Images

One and a half years ago, the Australian parliament adopted legislation creating the News Media Bargaining Code, a revolutionary measure aimed at protecting news publishers from the dominance of a few big online platforms.

Online platforms like Facebook and Google control the digital advertising ecosystem, collect the vast majority of ad revenues and data, and make important decisions on how and what information users see at any given time. They rely on news content to keep users on their platforms but have no incentives to pay for it – they have little regard for any single publisher, while the realities of the current digital marketplace mean that all publishers, small and large, depend on Google and Facebook to reach readers. Consequently, as the platforms are unavoidable trading partners for publishers, they hold all the leverage when it comes to defining the terms of their partnerships.

Like the Journalism Competition and Preservation Act (JCPA) – a competition-based solution introduced in the U.S. Congress – the Australian Code does not attempt to solve all the problems faced by news publishers in the online ecosystem. Instead, the sole purpose of both measures is to balance the playing field between publishers and online platforms, creating a more sustainable foundation for the preservation of high-quality journalism.

Now, as the JCPA is making progress in Congress, it is a good time to evaluate the success of Australia’s Code.

How the Australian Bargaining Code Works

The News Media Bargaining Code is based on the simple idea that, in order to level the playing field between news publishers and online platforms, news publishers must be allowed to negotiate effectively – and collectively if necessary – with the platforms, backed by a binding arbitration process in case a settlement is not found. To do so, the Code allows eligible publishers that publish so-called “core” news to engage in good faith negotiations with designated online platforms – with any designation decision informed by whether the platform has made a “significant contribution to the sustainability of the Australian news industry through agreements relating to news content of Australian news businesses.”

If no settlement is reached within a set time period, news publishers are allowed to seek “final offer” arbitration where the arbitrator must select one of the two offers made by the parties. Even if arbitration is never used, its existence may force meaningful negotiations.

Prior to the Code, the platforms routinely claimed that they provide more to publishers than they get in return and refused to negotiate for fairer terms or compensation. The Code therefore lays out the basis for negotiations that would have been unimaginable without it. This in itself makes the Code a significant development that should be emulated around the world. But the real-life results provide even more compelling reasons.

The Australian Code Has Been an Overwhelming Success

Despite the numerous scare tactics employed by Google and Meta during the drafting of the News Media Bargaining Code, the evidence from the past 1.5 years shows that the Code has been an overwhelming success. Based on an estimate by the former Chair of the Australian Competition & Consumer Commission Rod Sims, the Code has resulted in over AU$200 million payments from Google and Meta to news publishers, despite neither company having yet been designated under the Code – the mere threat of designation has led both companies to engage in meaningful negotiations with publishers. Sims estimates that the compensation amounts to approximately 20 percent of Australian journalists’ salaries and likely more than 20 percent of eligible publishers’ combined earnings before interest, taxes, depreciation, and amortization (EDITBA).

These deals have been reached with publishers large and small, despite critics arguing that only large publishers would be likely to benefit. However, this has not proved to be the case.  For example, Country Press Australia – representing approximately 180 publications and 60 news publishers –  reached a deal with both Google and Meta, and more recently, Minderoo Foundation reached a deal with Google on behalf of 24 small media outlets. As a result, Google has reached a deal with almost all qualifying news publishers, while Facebook has reached far fewer deals and even refused to negotiate with some. Some estimate that Facebook is under threat of being designated under the Code due to these refusals.

The Bargaining Code Has Been Great for Journalists

Notwithstanding arguments to the contrary, there is also evidence that the Code has led to considerable improvements for journalists, instead of enriching large publishers. Not only has The Guardian increased its newsroom employment from 70 to roughly 150 journalists, in large part due to revenue received under the Code, the Australian Broadcasting Company announced in December 2021 that it was creating more than 50 journalist positions in regional locations as a result of the Code. Overall, this is a good time to be a journalist in Australia with journalism lecturers noting increased employment for their students and an oversupply of available of positions.

It is estimated that the Australian Code has forced Google and Meta to reach deals with publishers that employ over 90 percent of Australian journalists and brought in more money than most publishers expected. As Rod Sims noted, the Code has met almost all of its objectives quicker than almost anyone expected – a policy instrument that reaches most of its objectives sooner than expected and benefits over 90 percent of its expected beneficiaries simply cannot be called a failure.

Australia has demonstrated that change is possible and that the bargaining imbalances between news publishers and the dominant online platforms can be corrected. Despite the scaremongering during the drafting process, the Code did not fundamentally alter the functioning of the free and open web or reduce media diversity. Instead, it has created a more sustainable future for high-quality journalism in Australia with significant additional resources available to newsrooms.

Congress Must Act and Pass the JCPA

It is now time for the United States to follow suit. News deserts are spreading across the United States at an alarming pace, leaving far too many communities without local newspapers. Inaction is not an option if we want to preserve these vital public institutions. The Journalism Competition and Preservation Act would likely lead to substantial payments to small, local newsrooms across America proportionally equal to what we have witnessed in Australia, providing a lifeline for publishers who most need the help. The Australian experience shows this can be done.

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