118th Congress Science, Technology, Communications
S. 1094: Journalism Competition and Preservation Act of 2023
Reported
- Introduced (completed)
- Passed Senate (not reached)
- Passed House (not reached)
- To the President (not reached)
- Became law (not reached)
Summary
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).
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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.
Written by the Congressional Research Service, Library of Congress.
Roll calls
No roll call votes have been held on this bill.
Amendments
No amendments were offered to this bill.
Cosponsors
- Richard Blumenthal D-CTOriginal
- Cory Booker D-NJOriginal
- Susan Collins R-MEOriginal
- Bill Cassidy R-LAOriginal
- Richard Durbin D-ILOriginal
- Steve Daines R-MTOriginal
- Lindsey Graham R-SCOriginal
- John Kennedy R-LAOriginal
- Cynthia Lummis R-WYOriginal
- Joe Manchin I-WVOriginal
- Roger Wicker R-MSOriginal
- Sheldon Whitehouse D-RIOriginal
- Dianne Feinstein D-CA
- Mazie Hirono D-HI
- Angus King I-ME
- John Barrasso R-WY
- John Hickenlooper D-CO
- Lisa Murkowski R-AK
- Shelley Capito R-WV
- John Reed D-RI
Who scored on this bill
- 1Amy Klobuchar SponsorDrew cross-party cosponsors, introduced, reported3 events+26
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Introductions and cosponsorships count toward weekly caps and show no points.
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History
- Introduced in the Senate by Amy Klobuchar.
Show the full action history (5 actions)
- Committee on the Judiciary. Reported by Senator Durbin without amendment. Without written report.
- Placed on Senate Legislative Calendar under General Orders. Calendar No. 135.
- Committee on the Judiciary. Ordered to be reported without amendment favorably.
- Introduced in Senate
- Read twice and referred to the Committee on the Judiciary.