[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 673 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 673

To provide a temporary safe harbor for publishers of online content to 
  collectively negotiate with dominant online platforms regarding the 
               terms on which content may be distributed.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2021

Ms. Klobuchar (for herself, Mr. Kennedy, Mr. Booker, Mr. Paul, and Mr. 
  Whitehouse) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide a temporary safe harbor for publishers of online content to 
  collectively negotiate with dominant online platforms regarding the 
               terms on which content may be distributed.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Journalism Competition and 
Preservation Act of 2021''.

SEC. 2. SAFE HARBOR FOR CERTAIN COLLECTIVE NEGOTIATIONS.

    (a) Definitions.--In this section:
            (1) Antitrust laws.--The term ``antitrust laws''--
                    (A) has the meaning given the term in subsection 
                (a) of the first section of the Clayton Act (15 U.S.C. 
                12); and
                    (B) includes--
                            (i) section 5 of the Federal Trade 
                        Commission Act (15 U.S.C. 45) to the extent 
                        that section applies to unfair methods of 
                        competition; and
                            (ii) any State law (including regulations) 
                        that prohibits or penalizes the conduct 
                        described in, or is otherwise inconsistent 
                        with, subsection (b).
            (2) News content creator.--The term ``news content 
        creator'' means--
                    (A) any print, broadcast, or digital news 
                organization that--
                            (i) has a dedicated professional editorial 
                        staff that creates and distributes original 
                        news and related content concerning local, 
                        national, or international matters of public 
                        interest on at least a weekly basis; and
                            (ii) is marketed through subscriptions, 
                        advertising, or sponsorship; and
                    (B)(i) provides original news and related content 
                with the editorial content consisting of not less than 
                25 percent current news and related content; or
                    (ii) broadcasts original news and related content 
                pursuant to a license granted by the Federal 
                Communications Commission under title III of the 
                Communications Act of 1934 (47 U.S.C. 301 et seq.).
            (3) Online content distributor.--The term ``online content 
        distributor'' means any entity that--
                    (A) operates a website or other online service that 
                displays, distributes, or directs users to news 
                articles, works of journalism, or other content on the 
                internet that is generated by third-party news content 
                creators; and
                    (B) has not fewer than 1,000,000,000 monthly active 
                users, in the aggregate, of all of its websites or 
                online services worldwide.
    (b) Limitation of Liability.--A news content creator may not be 
held liable under the antitrust laws for engaging in negotiations with 
any other news content creator during the 4-year period beginning on 
the date of enactment of this Act to collectively withhold content 
from, or negotiate with, an online content distributor regarding the 
terms on which the news content of the news content creator may be 
distributed by the online content distributor, if--
            (1) the negotiations with the online content distributor--
                    (A) are not limited to price;
                    (B) are nondiscriminatory as to similarly situated 
                news content creators;
                    (C) directly relate to the quality, accuracy, 
                attribution or branding, and interoperability of news; 
                and
                    (D) pertain to terms that would be available to all 
                news content creators;
            (2) the coordination between the news content creators is 
        directly related to and reasonably necessary for negotiations 
        with an online content distributor that are otherwise 
        consistent with this Act; and
            (3) the negotiations do not involve any person that is not 
        a news content creator or an online content distributor.
    (c) Rule of Construction.--Except as provided in this Act, this Act 
shall not be construed to modify, impair, or supersede the operation of 
the antitrust laws.
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