Journalism Competition and Preservation Act of 2022
Latest action · Nov 28, 2022 Placed on Senate Legislative Calendar under General Orders. Calendar No. 569.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 10, 2021
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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 14
Members who signed on, in the order they did. Signatures ran from Mar 10, 2021 to Nov 30, 2022; 3 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-NJ | Cory A. Booker | Original | Mar 10, 2021 |
| R-LA | John Kennedy | Original | Mar 10, 2021 |
| D-RI | Sheldon Whitehouse | Original | Mar 10, 2021 |
| R-WY | Cynthia M. Lummis | Jun 24, 2021 | |
| D-CA | Dianne Feinstein | Jun 24, 2021 | |
| R-ME | Susan M. Collins | Jun 24, 2021 | |
| R-SC | Lindsey Graham | Mar 10, 2022 | |
| R-LA | Bill Cassidy | Jul 13, 2022 | |
| D-HI | Mazie K. Hirono | Jul 13, 2022 | |
| R-SD | John Thune | Aug 6, 2022 | |
| D-CT | Richard Blumenthal | Aug 6, 2022 | |
| D-IL | Richard J. Durbin | Aug 6, 2022 | |
| D-WV | Joe Manchin III | Sep 29, 2022 | |
| R-MS | Roger F. Wicker | Nov 30, 2022 |
Withdrew 1 Rand Paul R-KY Sep 27, 2022
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Judiciary Committee | Referred Mar 10, 2021Markup Sep 22, 2022Reported Nov 28, 2022 |
| Antitrust, Competition Policy, and Consumer Rights Subcommittee | Hearings Feb 2, 2022 |
Actions 6
Everything that happened, newest first.
- Nov 28, 2022Committee on the Judiciary. Reported by Senator Durbin with an amendment in the nature of a substitute. Without written report.
- Nov 28, 2022Placed on Senate Legislative Calendar under General Orders. Calendar No. 569.
- Sep 22, 2022Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Feb 2, 2022Committee on the Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights. Hearings held.
- Mar 10, 2021Introduced in Senate
- Mar 10, 2021Read twice and referred to the Committee on the Judiciary.
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Congressional Budget Office cost estimate
- Nov 15, 2022S. 673, Journalism Competition and Preservation Act of 2022As ordered reported on September 22, 2022
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 1735 | Journalism Competition and Preservation Act of 2021 | Identical bill | May 18, 2021 |
| S 4796 | Local News and Broadcast Media Preservation Act of 2022 | Related bill | Sep 7, 2022 |
Titles 3
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- 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.
- Short Title(s) as Introduced
- Journalism Competition and Preservation Act of 2021
- Short Title(s) as Reported to Senate
- Journalism Competition and Preservation Act of 2022
Subjects
Assigned by the Library of Congress. Policy area: Science, Technology, Communications.
Text 2
Each version as it was printed, newest first.
- Nov 28, 2022Reported to Senate
- Mar 10, 2021Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
