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Law / Australia

Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Act 2021

No. 21, 2021 (Cth)

In force since .

A news media bargaining code rule binding public and private bodies.

Instrument type
an act of a legislature
Categories
Publisher right

What it requires

  • Applies to you only if the Minister designates your digital platform service after considering the bargaining imbalance and news-industry sustainability; no platform has been formally designated.
  • If designated, bargain with registered news businesses under the mandatory framework in Part IVBA of the Competition and Consumer Act 2010 (Cth).
  • If designated, expect compulsory arbitration.

These lines are LexLint's reading of the law's text.

Who enforces it

Settledness

The Australian Competition and Consumer Commission records that no digital platform has yet been designated under the code.

As of
Open questions
What counts as a 'significant bargaining power imbalance' between Australian news businesses and a corporation's group under subsection 52E(3) of the Competition and Consumer Act 2010, when the Minister must also consider whether that group 'has made a significant contribution to the sustainability of the Australian news industry'?

What this law does

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Inserts Part IVBA into the Competition and Consumer Act 2010 (Cth), creating a mandatory bargaining framework between 'registered news businesses' and 'designated digital platform services' where a significant bargaining power imbalance exists. The Minister may formally designate a platform after considering imbalance and news-industry sustainability; once designated, platforms face compulsory arbitration. No platform has been formally designated.

Following the code's enactment Google and Meta struck voluntary deals covering 30+ news businesses, but Meta ceased renewals in 2024 and Google in 2025, prompting the News Bargaining Incentive proposal.

When LexLint raises it

When your app profile says your app reuses other publishers' content.

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