Legis Daily

Journalism Competition and Preservation Act of 2023

USA118th CongressS-1094| Senate 
| Updated: 7/18/2023
Amy Klobuchar

Amy Klobuchar

Democratic Senator

Minnesota

Cosponsors (20)
Bill Cassidy (Republican)Mazie K. Hirono (Democratic)Dianne Feinstein (Democratic)Richard J. Durbin (Democratic)Jack Reed (Democratic)Cynthia M. Lummis (Republican)Angus S. King (Independent)Lindsey Graham (Republican)Roger F. Wicker (Republican)John W. Hickenlooper (Democratic)Sheldon Whitehouse (Democratic)Joe Manchin (Independent)John Kennedy (Republican)John Barrasso (Republican)Cory A. Booker (Democratic)Susan M. Collins (Republican)Steve Daines (Republican)Richard Blumenthal (Democratic)Lisa Murkowski (Republican)Shelley Moore Capito (Republican)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Journalism Competition and Preservation Act of 2023 This bill sets out a process through which certain broadcast or digital news providers may collectively negotiate with covered online platforms (e.g., social media companies) regarding use of the news providers' content by the platforms. Specifically, the bill authorizes an eligible provider (e.g., one with no more than 1,500 full-time employees and nonnetwork news broadcasters that engage in specified news practices) to jointly form an entity with other eligible providers to negotiate the pricing, terms, and conditions by which covered online platforms use the providers' content. A covered platform is generally one that (1) has at least 50 million monthly domestic users, and (2) is owned or controlled by a person with either sales or a market capitalization that exceeds a specified amount or at least one billion monthly users worldwide. The bill establishes requirements concerning the formation, governance, operation, and termination of the joint negotiation entity. It also exempts from antitrust laws certain actions by a joint negotiation entity (e.g., providers jointly denying a platform's access to the providers' content). The bill outlines requirements governing the conduct of the negotiations by, for example, requiring the parties to negotiate in good faith. Additionally, the bill provides for private rights of action if the requirements for a negotiation are not met and establishes requirements for arbitration in limited circumstances. The Government Accountability Office must study the impact of the joint negotiations, including their effects on local and regional news and the employment of journalists. In general, the bill's provisions terminate six years after its enactment.

Bill Text Versions

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2 versions available

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Timeline

Bill from Previous Congress

S 117-673
Journalism Competition and Preservation Act of 2022

Bill from Previous Congress

S 116-1700
Journalism Competition and Preservation Act of 2019
Mar 30, 2023
Introduced in Senate
Mar 30, 2023
Read twice and referred to the Committee on the Judiciary.
Jun 15, 2023
Committee on the Judiciary. Ordered to be reported without amendment favorably.
Jul 18, 2023
Committee on the Judiciary. Reported by Senator Durbin without amendment. Without written report.
Jul 18, 2023
Placed on Senate Legislative Calendar under General Orders. Calendar No. 135.
  • Bill from Previous Congress

    S 117-673
    Journalism Competition and Preservation Act of 2022


  • Bill from Previous Congress

    S 116-1700
    Journalism Competition and Preservation Act of 2019


  • March 30, 2023
    Introduced in Senate


  • March 30, 2023
    Read twice and referred to the Committee on the Judiciary.


  • June 15, 2023
    Committee on the Judiciary. Ordered to be reported without amendment favorably.


  • July 18, 2023
    Committee on the Judiciary. Reported by Senator Durbin without amendment. Without written report.


  • July 18, 2023
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 135.

Science, Technology, Communications

Broadcasting, cable, digital technologiesCompetition and antitrustDigital mediaInternet, web applications, social mediaNews media and reporting

Journalism Competition and Preservation Act of 2023

USA118th CongressS-1094| Senate 
| Updated: 7/18/2023
Journalism Competition and Preservation Act of 2023 This bill sets out a process through which certain broadcast or digital news providers may collectively negotiate with covered online platforms (e.g., social media companies) regarding use of the news providers' content by the platforms. Specifically, the bill authorizes an eligible provider (e.g., one with no more than 1,500 full-time employees and nonnetwork news broadcasters that engage in specified news practices) to jointly form an entity with other eligible providers to negotiate the pricing, terms, and conditions by which covered online platforms use the providers' content. A covered platform is generally one that (1) has at least 50 million monthly domestic users, and (2) is owned or controlled by a person with either sales or a market capitalization that exceeds a specified amount or at least one billion monthly users worldwide. The bill establishes requirements concerning the formation, governance, operation, and termination of the joint negotiation entity. It also exempts from antitrust laws certain actions by a joint negotiation entity (e.g., providers jointly denying a platform's access to the providers' content). The bill outlines requirements governing the conduct of the negotiations by, for example, requiring the parties to negotiate in good faith. Additionally, the bill provides for private rights of action if the requirements for a negotiation are not met and establishes requirements for arbitration in limited circumstances. The Government Accountability Office must study the impact of the joint negotiations, including their effects on local and regional news and the employment of journalists. In general, the bill's provisions terminate six years after its enactment.

Bill Text Versions

View Text
2 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 117-673
Journalism Competition and Preservation Act of 2022

Bill from Previous Congress

S 116-1700
Journalism Competition and Preservation Act of 2019
Mar 30, 2023
Introduced in Senate
Mar 30, 2023
Read twice and referred to the Committee on the Judiciary.
Jun 15, 2023
Committee on the Judiciary. Ordered to be reported without amendment favorably.
Jul 18, 2023
Committee on the Judiciary. Reported by Senator Durbin without amendment. Without written report.
Jul 18, 2023
Placed on Senate Legislative Calendar under General Orders. Calendar No. 135.
  • Bill from Previous Congress

    S 117-673
    Journalism Competition and Preservation Act of 2022


  • Bill from Previous Congress

    S 116-1700
    Journalism Competition and Preservation Act of 2019


  • March 30, 2023
    Introduced in Senate


  • March 30, 2023
    Read twice and referred to the Committee on the Judiciary.


  • June 15, 2023
    Committee on the Judiciary. Ordered to be reported without amendment favorably.


  • July 18, 2023
    Committee on the Judiciary. Reported by Senator Durbin without amendment. Without written report.


  • July 18, 2023
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 135.
Amy Klobuchar

Amy Klobuchar

Democratic Senator

Minnesota

Cosponsors (20)
Bill Cassidy (Republican)Mazie K. Hirono (Democratic)Dianne Feinstein (Democratic)Richard J. Durbin (Democratic)Jack Reed (Democratic)Cynthia M. Lummis (Republican)Angus S. King (Independent)Lindsey Graham (Republican)Roger F. Wicker (Republican)John W. Hickenlooper (Democratic)Sheldon Whitehouse (Democratic)Joe Manchin (Independent)John Kennedy (Republican)John Barrasso (Republican)Cory A. Booker (Democratic)Susan M. Collins (Republican)Steve Daines (Republican)Richard Blumenthal (Democratic)Lisa Murkowski (Republican)Shelley Moore Capito (Republican)

Judiciary Committee

Science, Technology, Communications

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Broadcasting, cable, digital technologiesCompetition and antitrustDigital mediaInternet, web applications, social mediaNews media and reporting