Monday 7 October 2024

It's the new unimproved, coerced Public Interest Journalism Fund


"The skirmishing continues between the mainstream media and Google (along with other major platforms) about the [so-called] Fair Digital News Bargaining Bill (or should that be the Coerced and Compelled News Media Subsidy Bill). ...
    "[W]hen the Bill was reported back from the Select Committee, the recommendation was that it go no further. Minister Goldsmith ignored that advice and decided to go ahead with the Bill, much to the consternation of the large digital platforms and the undisguised glee of the [to-be subsidised] mainstream media. ...
    "Google ... [has] been transparent with the Government that ... if the Bill is enacted Google will remove itself from the playing field and will hide [New Zealand] news stories from search results. ... Google would also discontinue its current voluntary agreements through which it partners with and provides some financial support to news publishers
    "[T]he [so-called] Fair Digital News Bargaining Bill is coercive in nature. It compels platforms to negotiate with mainstream media for a means of payment for linking to or aggregating their content. If agreement cannot be reached a regulator steps in and determines what payment should be made. Failure to comply attracts civil penalties.
    "This is neither fair – in that it is compelled and is backed by coercion and the power of the State – nor is it bargaining in that in the final analysis a regulator may fix a payment by diktat. ... [A 'tax' to pay a coerced media subsidy.]
    "[T]here is a solution ... but it lies in existing law, rather than in the creation of a new regulatory bureaucracy backed by a Bill the name of which is in direct contradiction to what it proposes to do. ... [T]he Platforms are ... “free-riding” on the content created by mainstream media ... directly or indirectly without the permission of the 'owner' of that content. Basically that amounts to copyright infringement and the Copyright Act 1993 provides for remedies for infringement as well as a licensing structure that enables a centralised body to administer payment of licensing fees for use of material. APRA for example looks after payments for the music industry. ...
    "The problem for mainstream media, if it insists on proceeding to support the [Bill] is that it will shoot itself in the foot. Whether they like it or not, most of mainstream media traffic is generated through platforms such as Facebook or Google. Should the platforms leave the news aggregation space, traffic to dedicated mainstream media sites will diminish and advertisers will be less likely to place content where the eyeballs seeing it are diminishing. If the [so-called] Fair Digital News Bargaining Bill is enacted, it may well be a Pyrrhic victory for media."
~ David Harvey from his post 'Google vs Media'


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