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Posted: 2021-01-20 10:00:00

The media bargaining code is designed to force digital platforms to pay media companies for news content, and follows a 12 month review into Google and Facebook by the competition watchdog. The legislation, which was passed by the House of Representatives in December, comes amid a push by global governments to rein in the power of digital monopolies.

Mr Easton said the news media bargaining code could limit Facebook's ability to launch Facebook News and other products locally. He argued Facebook provided more than $400 million in value to news outlets in the last year through clicks that came from its news feed.

"Unfortunately, the latest version still fails to acknowledge the commercial and technical realities of how publishers use Facebook and the value we provide to them," Mr Easton said. "It also prevents us from introducing new products unless we roll them out to everyone, which seriously inhibits our ability to bring Facebook News to Australia."

The proposed laws require tech giants and news outlets to enter a "final offer" arbitration process if they cannot reach commercial agreements within three months. Google and Facebook will also be required to give the news businesses 14 days notice of algorithm changes and non-discrimination provisions have been put in place to stop the tech giants taking retaliatory action such as removing content or punishing organisations that participate in the code.

Mr Easton has requested that the laws only apply a select group of publishers who are valuable to Facebook's users. He has also demanded the removal of final offer arbitration and the abolishment of discrimination provisions.

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