S 1094 · 118th Congress 2023–2025, ended

Journalism Competition and Preservation Act of 2023

Fact sheet

Latest action · Jul 18, 2023 Placed on Senate Legislative Calendar under General Orders. Calendar No. 135.

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.

  1. IntroducedMar 30, 2023
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Journalism Competition and Preservation Act of 2023

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).

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 20

Members who signed on, in the order they did. Signatures ran from Mar 30, 2023 to Nov 21, 2024, with 12 there on the day it was introduced.

SeatCosponsorSigned on
R-LABill CassidyOriginalMar 30, 2023
D-NJCory A. BookerOriginalMar 30, 2023
R-WYCynthia M. LummisOriginalMar 30, 2023
I-WVJoe Manchin IIIOriginalMar 30, 2023
R-LAJohn KennedyOriginalMar 30, 2023
R-SCLindsey GrahamOriginalMar 30, 2023
D-CTRichard BlumenthalOriginalMar 30, 2023
D-ILRichard J. DurbinOriginalMar 30, 2023
R-MSRoger F. WickerOriginalMar 30, 2023
D-RISheldon WhitehouseOriginalMar 30, 2023
R-MTSteve DainesOriginalMar 30, 2023
R-MESusan M. CollinsOriginalMar 30, 2023
I-MEAngus S. King Jr.May 17, 2023
D-CADianne FeinsteinMay 17, 2023
D-HIMazie K. HironoMay 17, 2023

Actions 5

Everything that happened, newest first.

  1. Jul 18, 2023Committee on the Judiciary. Reported by Senator Durbin without amendment. Without written report.
  2. Jul 18, 2023Placed on Senate Legislative Calendar under General Orders. Calendar No. 135.
  3. Jun 15, 2023Committee on the Judiciary. Ordered to be reported without amendment favorably.
  4. Mar 30, 2023Introduced in Senate
  5. Mar 30, 2023Read twice and referred to the Committee on the Judiciary.

Subjects

Assigned by the Library of Congress. Policy area: Science, Technology, Communications.

Text 2

Each version as it was printed, newest first.

  1. Jul 18, 2023Reported to Senate
  2. Mar 30, 2023Introduced in Senate

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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.