Treasury releases final News Media Bargaining Code report

The Federal Government has released the final report of the Treasury’s review of the News Media Bargaining Code.

The review found that in the first year of the News Media Bargaining Code, more than 30 commercial agreements were made between digital platforms, Google and Meta, which were highly unlikely to have been made without the Code.

Treasury’s review made several recommendations, including that Government consider:

• Directing the Australian Competition and Consumer Commission (ACCC) to prepare periodic reports on which digital platforms should be covered by the Code;
• If ACCC information-gathering powers could be used to obtain information about commercial agreements between digital platforms and news businesses in the context of its response to Interim Report No.5 of the ACCC’s Digital Platforms Services Inquiry; and
• Conducting a further review of the Code after four years of operation.

Commercial Radio and Audio (CRA) said it was pleased the Code now provided a mechanism for Australian media to negotiate with Google and Meta but remained concerned that most commercial radio stations have not been able to benefit from it.

“Radio plays a critical role in live and local Australian news reporting. We will continue to engage with Government and the ACMA on this issue as we believe further action is required to designate digital platforms under the Code,” CRA CEO Ford Ennals said.

The report highlights that there are winners and losers. 

News platforms like the ABC and The Guardian have benefited from deals struck with the media tycoons, expanding their operations around the country, while the Australian commercial radio industry has largely been unable to strike deals.

In the report, a CRA statement mentions, “the Mandatory Bargaining Code is not achieving its objectives in relation to the commercial radio industry.”

“90% of commercial radio networks have been unable to strike a deal with Google; and 95% of commercial radio networks have been unable to strike a deal with Meta…”

Meta and Google suggested that some news businesses have unrealistic expectations about receiving remuneration. 

Find the full report here.