Bill Overview
Title: Journalism Competition and Preservation Act of 2022
Description: 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.
Sponsors: Sen. Klobuchar, Amy [D-MN]
Target Audience
Population: People working in or consuming from broadcast or digital news industries and employees of social media platforms
Estimated Size: 18000000
- The primary individuals affected by this legislation are employees of broadcast or digital news providers, especially those employed by smaller organizations who are eligible to form collective negotiation entities.
- News organizations are expected to benefit from potentially improved terms for the use of their content on digital platforms, potentially impacting their financial well-being and employment security.
- Journalists, especially those working for smaller news outlets, may experience changes in job stability, salary structures, and resources available for reporting due to changes in revenue for news providers.
- Consumers of news might be impacted indirectly, as changes in the financial and operational dynamics of news providers could affect the quality, availability, and diversity of news content.
- Employees at large digital platforms (e.g., social media companies like Facebook, Google) might find their roles affected by the negotiations and subsequent changes in content agreements.
Reasoning
- The target population primarily includes employees of small to medium-sized digital and broadcast news providers and consumers of these services. Additionally, employees of large tech companies and consumers of news who rely on digital platforms for news consumption are indirectly affected.
- The policy implies a collaborative mechanism for smaller news providers to negotiate content usage terms with large tech platforms, potentially leading to better revenue streams for news organizations. This would provide economic benefits, primarily to smaller news entities.
- This policy likely won't directly impact larger media outlets as much as smaller ones since the policy deliberately excludes large network broadcasters.
- The policy impact on consumers may be more evident in the diversity and quality of news available, rather than direct changes in wellbeing. Indirectly, consumers might benefit from a richer news landscape or might see changes due to altered availability.
- Social media platforms could face operational and financial adjustments, impacting employees there indirectly.
Simulated Interviews
Journalist (Austin, TX)
Age: 35 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 6.0 years
Commonness: 7/20
Statement of Opinion:
- The policy seems promising as it could provide us better financial stability through improved deals with tech platforms.
- I am hopeful it might eventually lead to better resources for our reporting.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 6 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
Digital Media Analyst (Chicago, IL)
Age: 29 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 3.0 years
Commonness: 5/20
Statement of Opinion:
- I foresee additional challenges at work as we adapt to new negotiations, but it's part of the evolving landscape.
- Personally, my job shouldn't be too impacted, but I do anticipate some changes in our operations.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 6 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 5 | 6 |
Editor (San Francisco, CA)
Age: 42 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 6.0 years
Commonness: 6/20
Statement of Opinion:
- It would be beneficial if we can secure better terms for our digital content.
- Journalists' salaries might improve if our revenue from digital content gets a boost.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 7 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Small Business Owner (Boise, ID)
Age: 51 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 6.0 years
Commonness: 4/20
Statement of Opinion:
- Collective bargaining could make it easier for small outlets like mine to get fair deals.
- I'm cautiously optimistic about future revenues, but implementation will be key.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 5 |
| Year 2 | 6 | 5 |
| Year 3 | 6 | 5 |
| Year 5 | 7 | 5 |
| Year 10 | 6 | 5 |
| Year 20 | 6 | 5 |
Consumer (New York, NY)
Age: 38 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 2.0 years
Commonness: 15/20
Statement of Opinion:
- I just want better quality news that's not locked behind paywalls.
- I'm curious to see if this changes how news is displayed on my social media feeds.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 6 |
| Year 3 | 7 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Content Creator (Miami, FL)
Age: 46 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 4.0 years
Commonness: 10/20
Statement of Opinion:
- I'm worried that negotiations might limit opportunities for independent content creators.
- It could also mean more clarity in the terms when dealing with news platforms.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 5 |
| Year 5 | 5 | 5 |
| Year 10 | 5 | 5 |
| Year 20 | 5 | 5 |
Software Engineer (Seattle, WA)
Age: 34 | Gender: female
Wellbeing Before Policy: 8
Duration of Impact: 3.0 years
Commonness: 8/20
Statement of Opinion:
- I don't see this policy affecting my role at the moment.
- We'll need to adapt our digital products to accommodate any changes stemming from new negotiations.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 7 |
| Year 5 | 8 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Data Analyst (Portland, OR)
Age: 28 | Gender: male
Wellbeing Before Policy: 7
Duration of Impact: 0.0 years
Commonness: 12/20
Statement of Opinion:
- This could offer interesting insights into media valuations and revenue streams.
- I don't expect significant changes to my work routine, though.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 7 |
| Year 2 | 7 | 7 |
| Year 3 | 7 | 7 |
| Year 5 | 7 | 7 |
| Year 10 | 7 | 7 |
| Year 20 | 7 | 7 |
Freelance Journalist (Phoenix, AZ)
Age: 30 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 11/20
Statement of Opinion:
- I hope it leads to more security in freelance contracts.
- I'm cautiously optimistic about how this might play out for freelancers.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 6 |
| Year 2 | 6 | 6 |
| Year 3 | 6 | 6 |
| Year 5 | 7 | 6 |
| Year 10 | 6 | 6 |
| Year 20 | 6 | 6 |
Retired Professor (Denver, CO)
Age: 62 | Gender: male
Wellbeing Before Policy: 9
Duration of Impact: 0.0 years
Commonness: 14/20
Statement of Opinion:
- The academic perspective urges a cautious welcome; such legislation could shift the terrain of media economics.
- I expect interesting theoretical and practical impacts on media school curricula.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 9 | 9 |
| Year 2 | 9 | 9 |
| Year 3 | 9 | 9 |
| Year 5 | 9 | 9 |
| Year 10 | 9 | 9 |
| Year 20 | 9 | 9 |
Cost Estimates
Year 1: $5000000 (Low: $4000000, High: $6000000)
Year 2: $3500000 (Low: $2500000, High: $4500000)
Year 3: $3000000 (Low: $2000000, High: $4000000)
Year 5: $2500000 (Low: $1500000, High: $3500000)
Year 10: $0 (Low: $0, High: $0)
Year 100: $0 (Low: $0, High: $0)
Key Considerations
- Monetary costs are primarily for government oversight and legal frameworks, as direct government costs are relatively low due to the commercial nature of the negotiation processes.
- The measure is temporary, aiming for a six-year impact duration, which aligns with the legislative sunset provision.
- Indirect economic effects may be broader, potentially affecting news providers' long-term viability.