The ACCC news-media-bargaining-code law in Australia is mandatory. It essentially addresses the imbalances in bargaining power between news publishers and the Big Tech digital platforms. The following six main elements are a methodology for implementation.
Bargaining – which requires responsible digital platform corporations and registered news
business corporations that have indicated an intention to bargain, to do so in good faith.
Compulsory arbitration – where parties cannot come to a negotiated agreement about
remuneration relating to the making available of covered news content on designated digital platform services, an arbitral panel will select between two final offers made by the bargaining parties.
General requirements – which require responsible digital platform corporations to provide
registered news business corporations with advance notification of planned changes
that are likely to have a significant effect on covered news content.
Non-differentiation requirements – responsible digital platform corporations must not differentiate between the news businesses participating in the Code, or between participants and nonparticipants, or between nonparticipants because of matters that
arise in relation to their participation or non-participation in the Code.
Contracting out – the Bill recognizes that a digital platform corporation may reach a
commercial bargain with a news business outside the Code about remuneration or other matters. It provides that parties who notify the ACCC of such News Media and
Digital Platforms Mandatory Bargaining Code 11 agreements would not need to comply with the general requirements, bargaining and compulsory arbitration rules (as set out in the agreement).
Standard offers – digital platform corporations may make standard offers to news businesses, which are intended to reduce the time and cost associated with negotiations,
particularly for smaller news businesses. If the parties notify the ACCC of an agreed standard offer, those parties do not need to comply with bargaining and compulsory arbitration (as set out in the agreement)
The full code document is available here –