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MLex Market Insight

Facebook, Google face regulatory challenges as media companies demand payment for content

MLex Market Insight

MLex Market Insight

News

4.99 Ratings

🗓️ 7 August 2020

⏱️ 20 minutes

🧾️ Download transcript

Summary

With the clash between media publishers and online platforms Facebook and Google over the use of news content now playing out across the world, governments and regulators in different jurisdictions are grappling with how best to regulate the relationship. In some European jurisdictions, moves are underway to use copyright laws to force the platforms to cough up cash to compensate media companies. In Australia, however, the clash between the platforms and newspapers is being seen through the prism of competition law, with a proposed code of conduct likely to force the tech giants to compensate content producers. Despite the apparent differences of approach, there are many parallels between the two regulatory models.

Transcript

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0:00.0

Welcome back to Mlex's podcast covering regulatory affairs around the world.

0:15.4

It's great to have your company.

0:16.8

And for our listeners in the Northern Hemisphere, who may be on their summer break,

0:21.2

we hope you're able to unwind after the events of the past six months.

0:25.6

My name is James Panicki. I'm from Emlex's Asia-Pacific team.

0:29.3

And this week, we thought we'd recap recent developments in the global clash

0:33.5

between digital platforms, in particular Facebook and Google, and ailing media publishers.

0:39.3

The broad strokes of this clash will be familiar to you already.

0:42.3

Media companies are hemorrhaging advertising dollars to the platforms

0:46.3

and want to be compensated for the content they provide.

0:49.3

The platforms argue that they aren't themselves media publishers,

0:53.3

but simply intermediaries connecting

0:55.9

readers with media content, and as such, shouldn't have to pay the publishers at all.

1:01.3

The backdrop of this debate is, of course, that legacy media is in crisis. A business model

1:06.5

based on advertising revenue is collapsing, and the publishers are demanding regulatory intervention.

1:13.6

The question now is not so much whether the relationship between publishers and platforms

1:17.8

will be regulated, but what form that regulation will take.

1:22.3

In European jurisdictions, we've seen regulators build a case around copyright laws

1:27.0

and will cross to Brussels to tease that out in just a moment.

1:31.0

But in other parts of the world, the issue has been seen through the lens of competition law.

1:36.2

And Australia appears to be the frontrunner of this approach with the competition regulator,

1:41.1

the Australian Competition and Consumer Commission, or ACCC, last week

...

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