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Australia: ACCC launches public consultation on draft code of conduct to address power imbalances between news media businesses and digital platforms

The Australian Competition and Consumer Commission ('ACCC') launched, on 31 July 2020, a public consultation on its draft code of conduct ('the Draft Code') to address bargaining power imbalances between Australian news media businesses and digital platforms, specifically Google LLC and Facebook, Inc. In particular, the Draft Code includes a number of minimum standards such as providing advance notice of changes to algorithmic ranking and presentation of news and information about how and when Google and Facebook make available user data collected through users' interactions with news content.

Comments can be submitted to [email protected] by 28 August 2020.

You can read the press release here.

UPDATE (17 August 2020)

ACCC releases response to Google's open letter

The ACCC released, on 17 August 2020, its response to Google's open letter ('the Open Letter') regarding the Draft Code. In particular, the ACCC clarified that Google will not be required to share any additional user data with Australian news businesses or charge Australians for the use of its free services, unless it chooses to do so. Furthermore, the ACCC noted that the Draft Code aims to allow Australian news businesses to negotiate for fair payment for work that is included in Google services.

You can read the press release here and the Open Letter here.

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