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SENATE 673117th CongressPlaced on Senate Legislative Calendar under General Orders. Calendar No. 569.

Journalism Competition and Preservation Act of 2022

Last Action
11/28/2022

Actions

  • 2022-11-28Placed on Senate Legislative Calendar under General Orders. Calendar No. 569.
  • 2022-11-28Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
  • 2022-11-28Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
  • 2022-09-22Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
  • 2022-02-02Committee on the Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights. Hearings held.
  • 2021-03-10Read twice and referred to the Committee on the Judiciary.
  • 2021-03-10Introduced in Senate

CRS Summary

As of 2022-11-28 (25)

Journalism Competition and Preservation Act of 2022

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 certain 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.

Cosponsors (15)

  • John Kennedy (R-LA)
  • Cory Booker (D-NJ)
  • Rand Paul (R-KY)
  • Sheldon Whitehouse (D-RI)
  • Cynthia Lummis (R-WY)
  • Dianne Feinstein (D-CA)
  • Susan Collins (R-ME)
  • Lindsey Graham (R-SC)
  • Mazie Hirono (D-HI)
  • Bill Cassidy (R-LA)
  • Richard Blumenthal (D-CT)
  • John Thune (R-SD)
  • Richard Durbin (D-IL)
  • Joseph Manchin (D-WV)
  • Roger Wicker (R-MS)

Subjects

  • Broadcasting, cable, digital technologies
  • Competition and antitrust
  • Digital media
  • Internet and video services
  • Internet, web applications, social media
  • News media and reporting
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.