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Draft news media bargaining code

The submission to the Australian Competition and Consumer Commission (the ACCC) regarding the exposure draft of the Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2020 (Draft Code) was prepared by the Law Council of Australia. 

The Draft Code was released on 31 July 2020 and provides for a mandatory news media and digital platforms bargaining code.

Broadly speaking, the purpose of an industry code is to regulate the operations of an industry to improve access, operability or accountability. While the Draft Code attempts to improve access and accountability to an extent, its coverage of stakeholders and content is limited and may be unlikely to result in a general improvement.

Further, the Draft Code fails to address many of the issues relating to access and consumer protection that have been raised by the Law Council and by the ACCC itself in its Digital Platforms Inquiry – Final Report (Digital Platforms Report).

Overall, the Draft Code appears to be a special interest response rather than a means of improving the industry for consumers or for participants generally.

You can read the full submission below.
 

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