Wires and syndication
News bargaining laws compared
Short answer
- Australia in effect
- 2 March 2021 1
- Platforms designated in Australia
- None to date, per the ACCC 1
- Canada Royal Assent
- 22 June 2023 2
- Canada regulations in force
- 19 December 2023 3
- Google payment in Canada
- $100 million to the Canadian Journalism Collective 3
- France
- €500 million fine in 2021 and €250 million fine in 2024 4
Three models side by side
| Jurisdiction | Legal instrument | Who decides coverage | Status |
|---|---|---|---|
| Australia | Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Act 2021 1 | The Treasurer designates platforms 1 | In effect since 2 March 2021. No platform designated 1 |
| Canada | Online News Act, S.C. 2023, c. 23 2 | Applies where there is a significant bargaining power imbalance. Operators must notify the Commission 2 | Google exempt for five years from 28 October 2024 3 |
| France | Law of 24 July 2019 on related rights, transposing the EU directive 4 | Rights apply by law. The Autorité de la concurrence enforces competition commitments 4 | Google commitments of 21 June 2022 run for five years, renewable once 4 |
| European Union | Article 15 of Directive (EU) 2019/790 5 | Each Member State transposes the right 5 | Transposition deadline 7 June 2021 5 |
Australia: a code that works by threat of designation
The ACCC describes the code as a mandatory code of conduct governing commercial relationships between Australian news businesses and designated digital platforms that benefit from a significant bargaining power imbalance 1. Both houses passed the final legislation on 25 February 2021 1.
Before designating a platform, the Treasurer must consider whether there is a significant bargaining power imbalance and whether the platform has made a significant contribution to the sustainability of Australian news, including through payment agreements 1. The ACCC says no platform has been designated and that Google and Facebook, now Meta, reached voluntary agreements with a significant number of news organisations 1.
The ACCC authorised Country Press Australia on 5 August 2021 and Commercial Radio Australia on 29 October 2021 to bargain collectively with Google and Facebook 1. It published two class exemption notices lodged on 24 January 2022 on behalf of 23 small publishers 1.
Canada: the Online News Act
The Act defines a digital news intermediary as an online communications platform, including a search engine or social media service, that makes news content produced by news outlets available to persons in Canada 2. Private messaging services are excluded 2. Under the Act, news content is made available if, among other cases, the content or any portion of it is reproduced 2.
Section 6 applies the Act where there is a significant bargaining power imbalance, having regard to factors that include the size of the intermediary or operator 2. Section 11 requires the Commission to grant an exemption if the operator has agreements with news businesses that meet the criteria in the Act 2. The Commission must publish reasons for each exemption decision 2.
In its 28 October 2024 decision, the CRTC granted Google a five-year exemption 3. Google must pay $100 million to the Canadian Journalism Collective within 60 days, and the Collective will distribute the funds to eligible Canadian news organisations 3.
France: related rights enforced through competition law
- 9 April 2020: interim measures (20-MC-01) ordering Google to negotiate in good faith and make a financial offer 4.
- 12 July 2021: Decision 21-D-17 found Google had not complied and fined it €500 million 4.
- 21 June 2022: Decision 22-D-13 accepted Google's commitments, with a monitoring trustee 4.
- 15 March 2024: Decision 24-D-03 fined Google €250 million for breaching four of seven commitments, under the settlement procedure 4.
What these laws mean for wire copy and sourcing
France's regime names press agencies alongside publishers, so news agency content sits inside the negotiations 4. Canada's definitions cover any news outlet whose primary purpose is to produce news content 2.
Payment deals do not change where a story came from. A platform that displays a wire story under a licence is still showing one agency's report. Tracing still runs back through the credit line to the first publisher.
Common questions
Has Australia designated Google or Meta under the code?
No. The ACCC says the Treasurer has not designated any digital platforms to date 1.
How much does Google pay under Canada's Online News Act?
The CRTC decision of 28 October 2024 requires $100 million to the Canadian Journalism Collective within 60 days 3.
Does Canada's law cover messaging apps?
No. The definition of digital news intermediary excludes messaging services whose primary purpose is private communication 2.
What did France fine Google for in 2024?
For breaching four of its seven 2022 commitments and its duty to cooperate with the monitoring trustee, in Decision 24-D-03 4.
Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@evidencefamily.com.
Sources
- ACCC: News media bargaining code
- Justice Laws Website: Online News Act (S.C. 2023, c. 23)
- Canadian Radio-television and Telecommunications Commission: CRTC approves Google's application and paves way for annual $100 million contribution to Canadian news organizations (28 October 2024)
- Autorité de la concurrence: Related rights, the Autorité fines Google €250 million for non-compliance with some of its commitments made in June 2022 (20 March 2024)
- EUR-Lex: Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market
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