Journalism Competition and Preservation Act Fails to Pass in 2022

The Journalism Competition and Preservation Act (JCPA) was not included in the end-of-year Omnibus package and as a result, will not pass this year. The JCPA (S.673) creates an exemption from the antitrust laws, allowing local stations and newspapers to bargain collectively with “Big Tech.”

Today, “Big Tech” companies can take a station’s local news content without fairly compensating the station. In effect, they take a station’s content, use it on their platforms, and then turn around and sell local advertising. This unfair practice needs to stop.

Republican Leader Mitch McConnell (R KY) strongly objected to including the JCPA in the National Defense Authorization Act two weeks ago. In addition, the JCPA has been the subject of substantial criticism from “Big Tech” and some public interest groups. “Meta” has threatened to remove all news from its services if the bill passes.

As we go to press, we have learned that the JCPA will not be included in the Omnibus package. While Democrats—including Majority Leader Chuck Schumer—support the legislation, Republican opposition is significant.

NYSBA supports the JCPA. We will work to see if the bill can move forward in the next year.