Journalism Competition and Preservation Act of 2021
This bill creates a four-year safe harbor from antitrust laws for print, broadcast, or digital news companies to collectively negotiate with online content distributors (e.g., social media companies) regarding the terms on which the news companies' content may be distributed by online content distributors.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1735 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1735
To provide a temporary safe harbor for publishers of online content to
collectively negotiate with dominant online platforms regarding the
terms on which content may be distributed.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 10, 2021
Mr. Cicilline (for himself, Mr. Buck, Mr. DeSaulnier, Mr. Raskin, Mrs.
Spartz, Ms. Scanlon, Ms. Wild, Mr. Steube, and Mr. Gaetz) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To provide a temporary safe harbor for publishers of online content to
collectively negotiate with dominant online platforms regarding the
terms on which content may be distributed.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Journalism Competition and
Preservation Act of 2021''.
SEC. 2. SAFE HARBOR FOR CERTAIN COLLECTIVE NEGOTIATIONS.
(a) Definitions.--In this section:
(1) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given the term in subsection
(a) of the first section of the Clayton Act (15 U.S.C.
12); and
(B) includes--
(i) section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent
that section applies to unfair methods of
competition; and
(ii) any State law (including regulations)
that prohibits or penalizes the conduct
described in, or is otherwise inconsistent
with, subsection (b).
(2) News content creator.--The term ``news content
creator'' means--
(A) any print, broadcast, or digital news
organization that--
(i) has a dedicated professional editorial
staff that creates and distributes original
news and related content concerning local,
national, or international matters of public
interest on at least a weekly basis; and
(ii) is marketed through subscriptions,
advertising, or sponsorship; and
(B)(i) provides original news and related content,
with the editorial content consisting of not less than
25 percent current news and related content; or
(ii) broadcasts original news and related content
pursuant to a license granted by the Federal
Communications Commission under title III of the
Communications Act of 1934 (47 U.S.C. 301 et seq.).
(3) Online content distributor.--The term ``online content
distributor'' means any entity that--
(A) operates a website or other online service that
displays, distributes, or directs users to news
articles, works of journalism, or other content on the
internet that is generated by third-party news content
creators; and
(B) has not fewer than 1,000,000,000 monthly active
users, in the aggregate, of all of its websites or
online services worldwide.
(b) Limitation of Liability.--A news content creator may not be
held liable under the antitrust laws for engaging in negotiations with
any other news content creator during the 4-year period beginning on
the date of enactment of this Act to collectively withhold content
from, or negotiate with, an online content distributor regarding the
terms on which the news content of the news content creator may be
distributed by the online content distributor, if--
(1) the negotiations with the online content distributor--
(A) are not limited to price;
(B) are nondiscriminatory as to similarly situated
news content creators;
(C) directly relate to the quality, accuracy,
attribution or branding, and interoperability of news;
and
(D) pertain to terms that would be available to all
news content creators;
(2) the coordination between the news content creators is
directly related to and reasonably necessary for negotiations
with an online content distributor that are otherwise
consistent with this Act; and
(3) the negotiations do not involve any person that is not
a news content creator or an online content distributor.
(c) Rule of Construction.--Except as provided in this Act, this Act
shall not be construed to modify, impair, or supersede the operation of
the antitrust laws.
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Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.
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