The impact of digital platforms on the traditional news sector are well known, and previous efforts to rebalance this issue using different regulatory mechanisms had not yielded significant deals for publishers. Australia's News Media and Digital Platform Mandatory Bargaining Code (the ‘Code’) was a world-first introduction of laws compelling digital platforms to pay publishers when hosting their content.

While the Code goes some way to addressing the bargaining imbalance between major news media and the platforms, specifically Facebook and Google, the initial ambition appears to have been significantly weakened by the time it was finally adopted. This report sets out seven recommendations for how the Code could have matched its original ambition and made Australia a world leader in securing a fair and competitive internet, requiring platforms to be transparent about their opaque markets.

The report is accompanied by a summary version.

Recommendations

1. Specified criteria for digital platform designation that results in automatic inclusion under the Code.
2. Amendments to the registration of news businesses.
3. Expanding the matters considered by the arbitration panel.
4. Establishment of an audit authority to oversee data shared, and undertake verification and algorithmic audits.
5. Stipulations for funds obtained via the Code by news media businesses to be spent on the provision of public interest journalism.
6. Transparency requirements about Standard Offers, arbitration results, and reporting of use of funds.
7. The inclusion of annual reporting requirements for both digital platforms and news media businesses.