FOR IMMEDIATE RELEASE

Arlington, VA – Seven leading journalism, media, and pro-consumer antitrust advocacy organizations today sent a joint letter to President Joseph Biden calling on him to highlight, in his upcoming State of the Union address on February 7, the importance of local journalism. The letter highlights the urgent need for congressional action to preserve a strong democracy and a free press. Specifically, the letter urges President Biden to call on Congress to advance the bipartisan Journalism Competition and Preservation Act (JCPA) (S. 673 and H.R. 1735). The legislation will give small, local news outlets the ability to join together in negotiations that will level the playing field with Big Tech platforms. Small and local publishers currently do not have the ability to negotiate jointly for fair payment to counter the dominant power of Big Tech platforms. That imbalance allows tech monopolies to capture the vast majority of U.S. digital ad revenue, leaving local publishers with little to reinvest in the production of high-quality journalism.

The organizations that signed on to the letter include the News/Media Alliance, National Newspaper Association, America’s Newspapers, Authors Guild, American Economic Liberties Project, Inter American Press Association, and the Radio Television Digital News Association.

The letter outlines the plight of local news, in which news publishers have been forced to play by Big Tech’s rules of the digital advertising playing field for years, resulting in the loss of more than a quarter of U.S. newspapers since 2005 and the spread of news deserts across the country. In their letter, the groups underscore the importance of passing the JCPA as the best solution to ensuring news publishers are compensated fairly for use of their content by the dominant tech platforms, asking President Biden to call on Congress to pass the bill, which was introduced in the 117th Congress in 2021 and successfully marked up by the Senate Judiciary Committee last September. In addition, the groups ask Biden to call on Congress to pass the Local Journalism Sustainability Act, which would incentivize investments in local journalism through the tax code.

The letter states in part:

“While America has long been a beacon of light when it comes to freedom of the press, that light has grown dimmer due to the monopolistic shadow of the Big Tech giants. The largest tech platforms dominate revenue streams online, with Google and Facebook in control of an estimated 60 to 70 percent of digital ad markets. These anticompetitive behaviors are further highlighted in the Justice Department’s recently filed lawsuit against Google, which alleges monopoly abuse by the company in the online advertising market.

To stop that light from going out and allow America’s free press to continue to contribute to our nation’s resilience and serve as a model of democracy to the world, we need bipartisan action from Congress. The local news outlets we represent and others that prioritize a free press ask that you use your State of the Union address to call on the House and Senate to urgently advance key legislation to your desk that will help save local journalism.”

The JCPA has broad support, not only in Congress in both the House and the Senate (on both sides of the aisle – including 90 total co-sponsors), but also from over 300 consumer interest groups, unions, conservatives, advocacy groups and third-party organizations that have shown support for the JCPA by sending letters of support to the bill sponsors. In addition, over 24,000 individuals have signed a Change.org petition for the bill and nearly 1,000 editorials and op-eds in support of the JCPA have been published in newspapers in 48 states across the country. In a recent poll of 1,000 U.S. adults conducted by Schoen Cooperman Research for the News/Media Alliance, 70 percent of Americans said they support Congress passing the JCPA.

View the joint letter here.

For more information about the JCPA, visit www.JCPABill.com.

###

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 Journalism, Media & Economic Competition Advocates Call on President Biden to Show Support for Legislation That Would Help Save Local Journalism in State of the Union Address appeared first on News/Media Alliance.

“This marks an important day in our history where a dominant monopoly is being charged for blatantly anticompetitive behavior in the digital advertising market. This behavior impacts consumers’ data, prices, and the quality of information they receive, while journalism struggles to provide valuable and critical content that informs and enriches communities across the country,” said News/Media Alliance Executive Vice President & General Counsel, Danielle Coffey.

For many years, the News/Media Alliance has sounded the alarm on this issue through testimony and written filings, including its white paper, “How Google Abuses Its Position as a Market Dominant Platform to Strong-Arm News Publishers and Hurt Journalism,” published in 2020 and revised in September 2022, which substantiates Google’s dominance in the marketplace, including member news publisher accounts of anticompetitive practices. Google’s take from publishers is up to 70 percent of every advertising dollar received. This has a significant impact on what news publishers and magazines receive for their content.

Coffey continued, “Along with this antitrust lawsuit, legislation like the Journalism Competition & Preservation Act (JCPA) is sorely needed to address these marketplace imbalances. The lawsuit draws a direct nexus between the anticompetitive practices and those who are harmed, notably the free press. We applaud the DOJ and various states that have filed this historic case during a time of critical importance to our industry and others impacted by these practices.”

###

The post Statement: News/Media Alliance Applauds Department of Justice for Filing Antitrust Lawsuit Against Google appeared first on News/Media Alliance.

simpson33/iStock/Getty Images Plus via Getty Images

Updated September 5, 2022

The News Media Alliance has produced a White Paper, “How Google Abuses Its Position as a Market Dominant Platform to Strong-Arm News Publishers and Hurt Journalism.”

Download updated White Paper (September 2022) here.

About the White Paper

The White Paper is based on more than a year of interviews and consultations with many Alliance members about their experiences with Google products. It outlines several of the ways in which Google uses news content to its advantage across its products and services. The use of news content through AMP (Accelerated Mobile Pages), Google Discover, and the Google News app, as well as Search becoming more of a “walled garden” in which publishers and consumers are increasingly forced or encouraged to stay, has been systematically making use of news content to enhance Google’s bottom line. In exchange, because there is little bargaining power, news publishers are not receiving fair value for quality content.

Based on the conclusions reached in the White Paper, recommendations from the Alliance include:

• Antitrust scrutiny through the current investigations by the DOJ and state Attorneys General and remedies that address the abuses and impacts on news publishers.
• Passage of the safe harbor bill, also known as the Journalism Competition & Preservation Act, to allow news publishers to collectively negotiate for better business arrangements with the tech platforms.
• Compensation mechanisms that properly account for the value that platforms receive through original news content provided by established news organizations.

The Alliance has submitted the White Paper to the Department of Justice (DOJ) for its investigation of Google’s anticompetitive behavior.

Resources

Click the links below to download the White Paper and related resources.

White Paper with Graphics:

This visually-friendly version of the White Paper includes seven new graphics created to help explain some of the concepts in the report.

White Paper with Graphics (PDF, June 2020)

Graphics:

Download and share the individual graphics from the White Paper. Corresponding text for each graphic from the White Paper is below.

For use on social media, please credit the News Media Alliance. Click on an image, then right-click and select “Save image as” to download.

PowerPoint Presentation:

Download our presentation (PDF) of the White Paper graphics for your use and sharing.

Download in PPT format (Note: Some fonts may not display properly)

Graphic 1: How Google Dominates the Online Marketplace 

From page 4 of the White Paper: AMP keeps users in Google’s ecosystem while creating several disadvantages for many news publishers – including making it more difficult in some cases to form direct relationships with their readers, reducing some publishers’ subscription conversion rates, limiting the use of interactive features in AMP articles, reducing some publishers’ ad revenues, and impairing their collection of certain user data.

Graphic 2: How Google Comes Between Newspapers and Users

From page 14 of the White Paper: At the most fundamental level, Google has placed itself in the middle of the relationship between the newspaper and its user. The user is no longer visiting the publisher’s website directly, but instead viewing a copy of the article hosted on Google’s servers. Further, Google controls the AMP elements of the format, its functions and capabilities, and encourages users to stay within the search results page, for example, by creating an H-scroll in the Top News carousels that seamlessly moves from one publisher to the next without ever leaving Google. As subscriptions become increasingly important in an era in which digital ad revenues pale in comparison to earlier revenues from print ads, having a separate proprietary format that does not easily foster direct relationships is even more problematic.

Graphic 3: AMP URL API Terms

From page 19 of the White Paper (text on page 18): In our view, the AMP URL API terms of use also amount to exclusionary and anticompetitive conduct. A news publication does not appear to have the ability to acquiesce in the use of its AMP content on Google mobile search, for example, while declining permission for use in the new (and free) Google News app, which may directly compete with a newspaper’s own app or another app licensed by the publisher. Further, the language is sufficiently broad and unclear as to raise the question whether it gives Google the right to use the content for free for other purposes, such as artificial intelligence, that supposedly “improve” the APIs (and may in turn reinforce Google’s market power). Moreover, the terms give Google the right to sub-license use of the content to third parties, including presumably for a license fee. Finally, the license is irrevocable; although a news entity can theoretically stop creating AMP pages for its publication and stop using Google’s AMP URL API (with all its negative consequences), Google’s right to use the content continues indefinitely for all earlier-posted AMP pages.

Graphic 4: The Price of Appearing on Google News

From page 24 of the White Paper: News publishers are required to grant Google vast and unclear rights to use the publishers’ news content. The required grant of rights to Google extends not only to Google News but for all “Google Services” – defined as any products, services or technology developed by Google from time to time. In short, as a price of having their content appear on the regular Google News website, a publisher apparently is not only required to participate in the Google News app, and any future version of the Google News app, but any product or service developed by Google in the future.

Graphic 5: Google: A Walled Garden

From page 29 of the White Paper: For many years, Google Search results consisted of simple blue links with only a headline and very short snippet from an article. Today, Google Search makes heavy use of premier news content, including high quality news photos. Google uses this content to enhance its own brand – especially in an era plagued by fake news – and earns substantial advertising revenues for aggregating content it did not create or fund.

Graphic 6: The Effect of Google’s Walled Garden

From page 30 of the White Paper: One growing concern for the news industry is the current length of snippets from their articles, which often can collectively provide ample information on any news story to satisfy the casual reader skimming the news. Google is able to use its role as the market dominant platform to pressure newspapers into providing “rich snippets” for search. If these rich snippets are not on properly optimized pages (meaning the publisher implemented Google dictated structured data and markup properly, and the images are of requisite quality and size), the newspaper is put at competitive disadvantage. As illustrated by the examples and screenshots detailed below, a second, broader concern is the format and wide range of content presented by Google on today’s search results pages, usually above the traditional headlines and links to news articles – changes which undoubtedly decrease the chances that a user will click on a news link. Many have quoted the stunning statistic that, “In June of 2019, for the first time, a majority of all browser-based searches on Google.com resulted in zero clicks. We’ve passed a milestone in Google’s evolution from search engine to walled-garden.”³⁸ The situation is even more stark on mobile: in the past three years, “[o]rganic has fallen by almost 20%, while paid has nearly tripled and zero-click searches are up significantly. … Today … almost two-thirds [of mobile searches ended without a click.]”³⁹

Graphic 7: Google Assistant Does Not Give Credit to Original Publisher

From page 36 of the White Paper: Google Assistant is but one of the growing “Voice-first” Google platforms.  The Google website states that, “If you search with the Google Assistant, featured snippets may also be read aloud.”⁴² The full extent of this practice is not known, but in a limited review the news publishers have certainly found examples. When Google Assistant provides an audio response, that audio response obviously does not contain any link to the original article.  In short, in that setting, the quid pro quo that supports any fair use defense is absent.

Additional Resources:

Plain White Paper (no graphics) (PDF, September 2022)

Alliance Letter to the Department of Justice (June 18, 2020)

Statement: White Paper Shows Google’s Ongoing Use and Abuse of News Content, Why We Need the Journalism Competition & Preservation Act (September 6, 2022)

Press Release: Alliance Releases New White Paper Outlining Google’s Dominant Market Behavior, Harming of Journalism (June 18, 2020)

For more information:

Please contact Alliance Executive Vice President and General Counsel Danielle Coffey if you have any questions.

The post White Paper: How Google Abuses Its Position as a Market Dominant Platform to Strong-Arm News Publishers and Hurt Journalism appeared first on News/Media Alliance.

The post New ICE Policy on Compulsory Investigative Tools appeared first on News/Media Alliance.

On May 14, a FOIA request revealed that the DOJ secretly subpoenaed a Guardian journalist’s phone records as part of a leak investigation, initiated by President Trump. The subpoena was issued early in the Biden Administration in February of 2021. The DOJ sought phone records and went directly to the journalist’s phone provider to get them. Just a few months after this subpoena, the DOJ changed their policy on using compulsory processes to obtain information from journalists. Congress should pass the PRESS Act to protect confidential sources and a free and independent press. Read more.

The post DOJ Secretly Subpoenaed Journalist appeared first on News/Media Alliance.

On March 29, the Senate Committee on the Judiciary held a hearing on the Freedom of Information Act (FOIA) and how to improve transparency in the 21st century. All of the Senators were in agreement that FOIA needs work. They discussed that despite a decrease in FOIA requests, there has been an increase in backlog, as well as the incredibly long agency response time. The Alliance’s coalition partner Open the Government submitted a statement for the record that highlighted some of FOIA’s serious issues and potential solutions, including providing agencies resources and maximizing affirmative disclosures.  The statement also points out how the DOJ’s recent FOIA guidelines do relatively little to help the issues FOIA requesters are facing, despite taking over a year to release the memo. The hearing also showed the DOJ’s lack of enforcement mechanisms, as the DOJ witness could only point to training and guidance as ways to ensure compliance with FOIA guidelines. Read more here.

The post Senate Holds FOIA Hearing appeared first on News/Media Alliance.

On March 15, Attorney General Merrick Garland released guidelines on the Freedom of Information Act (FOIA). These guidelines come during Sunshine Week after much prompting by open government advocates and congressional representatives. The guidelines include a presumption of openness, telling agencies if foreseeable harm is in doubt, “openness should prevail,” and strongly encouraging agencies to make discretionary disclosures of information. The Attorney General also said the DOJ will not defend FOIA cases that are inconsistent with this presumption of openness. The guidelines further outline proactive disclosure requirements, removing barriers to access, and reducing backlogs. Read more.

The post DOJ FOIA Guidelines Call for More Transparency appeared first on News/Media Alliance.

In October, House Antitrust Chairman David Cicilline (D-RI) and the Democratic Majority of the House Subcommittee on Antitrust, Commercial, and Administrative Law released a report on the anticompetitive behavior of the big tech platforms, which resulted in the antitrust bills (link to bills) that will be marked up in the House Judiciary Committee this week. The Report also referenced the News Media Alliance White Paper, “How Google Abuses Its Position as a Market Dominant Platform to Strong-Arm News Publishers and Hurt Journalism,” which outlines several of the ways in which Google uses news content to its advantage across its products and services.

The House Majority Report also recommends passing the Journalism Competition and Preservation Act, which will allow for the fair exchange of value for quality journalism that is extracted and monetized by the tech platforms.

Alliance President and CEO, David Chavern, stated, “The anticompetitive conduct of the dominant tech platforms can’t be ignored and is a testament to the critical need to correct the glaring imbalance in the marketplace. We applaud the House Judiciary Committee’s attention to these very important issues that cause consumer harm across our country.”

In March, Chairman Cicilline, Ranking Member Ken Buck (R-CO), Senate Antitrust Chairwoman Amy Klobuchar (D-MN), and Senator John N. Kennedy (R-LA), reintroduced the Journalism Competition and Preservation Act (JCPA), which would grant news publishers the ability to collectively negotiate with the dominant tech platforms for fair compensation for use of their content. The News Media Alliance is strongly advocating for the JCPA.

Chavern continued, “Both short- and long-term solutions are needed, and we applaud Chairman Cicilline, Chairwoman Klobuchar, the Department of Justice, state Attorneys General, and other supporters who are continuing to push for a fair and competitive digital landscape that rewards the producers of original content, both now and in the future.

“Local news is more important than ever, but without a fair deal from the tech platforms, we can’t continue to invest in providing the public with high-quality journalism critical to our democracy.”

###

The post Statement: Antitrust Bills Offer Long-Term Solution to Reining in Big Tech appeared first on News/Media Alliance.

The post MPA Urges Department of Justice to Protect Journalists Covering Protests appeared first on News/Media Alliance.

The publication of the report comes ahead of the Senate Committee on Commerce, Science, and Transportation’s hearing on Wednesday, October 28 examining Section 230 of the Communications Decency Act, as well as the impact of big tech platforms on local news and consumer privacy.

Cantwell’s report explores both the history and current challenges facing news publishers. It highlights the ways in which Google and Facebook abuse their dominant positions as intermediaries between news publishers and their readers to prevent adequate monetization of quality news content. The report frequently cites the News Media Alliance’s White Paper, “How Google Abuses Its Position as a Market Dominant Platform to Strong-Arm News Publishers and Hurt Journalism,” published in June, for substantiated examples of such abuse.

News Media Alliance President & CEO, David Chavern, stated, “As Senator Cantwell’s report notes, local news is an essential part of the fabric that keeps our communities informed and connected. But right now, local news is in crisis. Two companies, Google and Facebook, effectively regulate news publishers by determining how (and whether) journalism is distributed and monetized. The tech giants have refused to return real value back to the creators of quality news and information, even though they pay to license music and many other forms of content. Meanwhile, these companies also benefit from special, broad liability protections under federal law. We applaud Senator Cantwell for her unwavering focus and support of local news, and we hope she will raise these during the hearing on Wednesday.”

Among other recommendations in her report, Cantwell supports the ability of news publishers to collectively negotiate for better terms with the tech platforms, which would be made possible through passage of S. 1700, the Journalism Competition and Preservation Act.

Witnesses at the October 28 hearing will include the CEOs of Google, Twitter and Facebook, and will offer the Committee an opportunity to examine legislative proposals to reform Section 230, which shields the online platforms from liability for the content they publish, exacerbating the existing power imbalances in the digital ecosystem and facilitating other online harms.

###

The post News Media Alliance Statement: Senator Cantwell Releases Report on Local News appeared first on News/Media Alliance.