The Slow Death of the Fair Digital News Bargaining Bill

Is President Trump Responsible?

I have written quite extensively about the Fair Digital News Bargaining Bill. For the moment it has been put on hold while developments in Australia are considered.

The Australian proposal was that all the big digital platforms would be levied and then could negotiate about whether they should be levied. But the starting point involved a naked use of State power.

On Monday last the Sydney Morning Herald reported

“Plans to threaten US tech giants such as Meta [Facebook] with hundreds of millions of dollars in Australian charges have been paused as ambassador to the US, Kevin Rudd, works to stave off trade retaliation from the Trump administration.

In the first shift in Australian policymaking following Donald Trump’s election, the Albanese Government has decided to go slow on a scheme to penalise digital platforms if they refuse to pay local media outlets for news articles.”

The Herald reports that:

“The latest Australian decision only worsens things — it’s hard to see the Fair Digital News Bargaining Bill progressing when foreign governments are so fearful of Trump’s threats.

Asked for comment today on the Australian position, Goldsmith’s office replied with six words: “We will reflect on that decision.”

Asked if the minister still supported the bill, his office did not respond.”

Andrew Holden of the News Publishers Association made it clear that the Fair Digital proposals were not only aimed at Google and Facebook but that it covers all tech companies including those developing AI products.

Thus it won’t be just Google supporting the industry but it would enable all tech platforms that benefit from NZ journalism to be bought to the table.

Mr. Holden is clearly hopeful that the Bill will be enacted.

But if the Bill is enacted will there be retaliation from the Trump administration? Certainly from the reaction of the Australians it would seem very likely and President Trump has made no secret of his willingness to use tariffs as a deterrent and as a protection for US companies.

Back in 2016 there was a proposal on the table called the Trans Pacific Partnership. It started small and grew and the US wanted a slice of the action.

However, they wanted to ensure that the copyright and intellectual property protections in the partnership aligned with those of the US. And US copyright law has some significant differences to ours – many of those differences are harsher and more extreme forms of protection.

Then there was an election and President Trump came to power for his first administration.

And one of the first things that he did was to withdraw the US from the TPP.

I was delighted. I didn’t want US copyright and intellectual property provisions as part of our law. And so Mr. Trump actually did something useful, in my opinion in a very narrow and limited area in which I was interested.

It seems again that Mr. Trump may once again have his uses in terms of the development of New Zealand Policy. Although the Fair Digital News Bargaining Bill may not yet be deep sixed, it is getting further away from a speedy enactment. And a very good thing too.

So maybe mainstream media should think again. Maybe they should not wait, begging bowls outstretched like Oliver Twist asking for more in the form of assistance from a Government. Maybe they should get out into the marketplace and start thinking of ways to make it on their own.

We have just entertained and hosted some friends from the US. We avoided talking about President Trump until one of our friends make the remark – at least he gets things done.

And maybe indirectly he has helped to move the Fair Digital News Bargaining Bill closer to oblivion. Maybe, unlike some politicians in this country, he is helping “get things done” here.

I never thought I would have any time from Mr. Trump. But now, for the second time, he seems to have his uses.