The Senate Judiciary Committee has made progress on a bill that seeks to enable news outlets to negotiate collectively with dominant tech platforms and receive compensation for the distribution of their content. This unlikely coalition of senators from both parties voted 13-7 in favor of advancing the Journalism Competition and Preservation Act (JCPA). Leading Republicans such as Sen. John Kennedy (R-La.), as well as Sens. Chuck Grassley (R-Iowa), Lindsey Graham (R-S.C.), and Ted Cruz (R-Texas), joined most Democrats in supporting the bill. The only Democrat on the panel to oppose the bill was Sen. Alex Padilla (D-Calif.). Despite bipartisan support, the bill did not reach a floor vote in the previous session.
Notably, one major concern raised by opponents of the bill relates to content moderation. Republicans opposing the measure argue that it would result in companies censoring content with an anti-conservative bias. Sen. Tom Cotton (R-Ark.) stated, “I’m afraid the bill would give media and Big Tech companies a free pass to censor the views of conservatives.” Although the bill includes a provision that prohibits news discrimination based on content viewpoint, Cotton argued that it would still allow media and Big Tech companies to censor conservative views. On the other hand, Sen. Padilla expressed concerns that the bill could compel platforms to carry and pay for content they fundamentally disagree with. He worries that it could disincentivize efforts to moderate content, including election disinformation. Additionally, Padilla questions whether the current wording of the bill would effectively protect local newspapers.
Sen. Amy Klobuchar (D-Minn.), a lead sponsor and chair of the antitrust subcommittee, emphasized the need for urgent action in passing this bill and others aimed at curbing the power of tech companies. She highlighted that the U.S. is lagging behind other nations in addressing these issues. Klobuchar stated, “We know the market is broken here and all over the world. We’re starting to see country after country step in. It is our country that hasn’t been moving on tech.”
Sen. Lindsey Graham also echoed Klobuchar’s call for action, asserting that “enough is enough.” He expressed frustration that even when there is agreement on bills, they often go nowhere.
The bill not only faces opposition from unusual combinations of senators but also from various outside groups. Advocacy and civil society groups such as the American Civil Liberties Union and Public Knowledge, along with tech industry groups like the Chamber of Progress and the Computer and Communications Industry Association, joined together to voice their opposition to the bill in a joint letter to the committee. These groups argue that the proposal would contribute to increased networked disinformation and hate speech online and fails to support the local news outlets it aims to benefit.
In addition to these challenges, Meta, the parent company of Facebook, has strongly rebuked the bill. The company previously threatened to remove news content from Facebook if a previous version of the JCPA was added to a defense authorization bill. Meta recently made the same threat in California over a similar state bill.
In conclusion, the Senate Judiciary Committee’s advancement of the Journalism Competition and Preservation Act is a significant step toward enabling news outlets to negotiate with dominant tech platforms for fair compensation. However, the bill still faces opposition from Republicans concerned about bias in content moderation, Democrats worried about potential censorship, and various advocacy and industry groups. It remains to be seen whether the bill can effectively protect local newspapers while addressing the challenges posed by tech giants.
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