Journalism Competition and Preservation Act of 2023
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.
- IntroducedMar 30, 2023
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- 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; 12 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-LA | Bill Cassidy | Original | Mar 30, 2023 |
| D-NJ | Cory A. Booker | Original | Mar 30, 2023 |
| R-WY | Cynthia M. Lummis | Original | Mar 30, 2023 |
| D-WV | Joe Manchin III | Original | Mar 30, 2023 |
| R-LA | John Kennedy | Original | Mar 30, 2023 |
| R-SC | Lindsey Graham | Original | Mar 30, 2023 |
| D-CT | Richard Blumenthal | Original | Mar 30, 2023 |
| D-IL | Richard J. Durbin | Original | Mar 30, 2023 |
| R-MS | Roger F. Wicker | Original | Mar 30, 2023 |
| D-RI | Sheldon Whitehouse | Original | Mar 30, 2023 |
| R-MT | Steve Daines | Original | Mar 30, 2023 |
| R-ME | Susan M. Collins | Original | Mar 30, 2023 |
| I-ME | Angus S. King Jr. | May 17, 2023 | |
| D-CA | Dianne Feinstein | May 17, 2023 | |
| D-HI | Mazie K. Hirono | May 17, 2023 | |
| R-WY | John Barrasso | Jan 8, 2024 | |
| D-CO | John W. Hickenlooper | Jan 8, 2024 | |
| R-AK | Lisa Murkowski | Mar 14, 2024 | |
| R-WV | Shelley Moore Capito | Jul 25, 2024 | |
| D-RI | Jack Reed | Nov 21, 2024 |
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 30, 2023Markup Jun 15, 2023Reported Jul 18, 2023 |
Actions 5
Everything that happened, newest first.
- Jul 18, 2023Committee on the Judiciary. Reported by Senator Durbin without amendment. Without written report.
- Jul 18, 2023Placed on Senate Legislative Calendar under General Orders. Calendar No. 135.
- Jun 15, 2023Committee on the Judiciary. Ordered to be reported without amendment favorably.
- Mar 30, 2023Introduced in Senate
- Mar 30, 2023Read twice and referred to the Committee on the Judiciary.
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S1102 | Amy Klobuchar D-MN | Mar 5, 2024 |
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
- Aug 9, 2023S. 1094, Journalism Competition and Preservation Act of 2023As reported by the Senate Committee on the Judiciary on July 18, 2023
CRS reports 4
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 4
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R47620 | Canada: Background and U.S. Relations | Report | Jan 10, 2025 |
| R47373 | Science and Technology Issues for the 118th Congress Archived | Report | Oct 15, 2024 |
| R47662 | Defining and Regulating Online Platforms | Report | Aug 25, 2023 |
| R47018 | Stop the Presses? Newspapers in the Digital Age Archived | Report | May 24, 2023 |
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 2023
- Short Title(s) as Reported to Senate
- Journalism Competition and Preservation Act of 2023
Subjects
Assigned by the Library of Congress. Policy area: Science, Technology, Communications.
Text 2
Each version as it was printed, newest first.
- Jul 18, 2023Reported to Senate
- Mar 30, 2023Introduced 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.
