Free Expression, Open Internet
CDT Joins Broad Coalition Opposing Journalism Competition & Preservation Act
Today, CDT joined a broad coalition in opposing the current version of the Journalism Competition & Preservation Act (JCPA). Although we agree that local news requires support, the JCPA is not the answer. By creating an antitrust exemption for joint negotiations and blocking access to content, the bill effectively authorizes group boycotts and creates an ancillary copyright to control access to online news content and thereby undermines the ability to link to and otherwise make fair use of that content.
Moreover, by giving digital journalism providers the right to sue for alleged “discrimination” and “retaliation” — neither of which are defined — the bill threatens to interfere with the ability of platforms to moderate hate speech, disinformation, and other abusive content in accordance with their Terms of Service.
And while the JCPA’s ostensible purpose is to preserve and enhance journalism, it does not require that recipients of funds under an agreement or arbitration decision authorized by the Act actually use the funds for news production or distribution. In short, rather than addressing the crisis in local journalism, the JCPA would harm competition and consumers.
