Senate debates

Wednesday, 24 February 2021

Bills

Treasury Laws Amendment (News Media and Digital Platforms Mandatory Bargaining Code) Bill 2021; In Committee

9:41 am

Photo of Rex PatrickRex Patrick (SA, Independent) Share this | Hansard source

I think Senator Pratt is narrowing in on what is quite a concerning new development in this media bargaining code story. It appears as though we've gone through a situation where the gauntlet was laid down and the government came up with strong legislation that would assist public interest journalism. Then what happened was that Google and Facebook pushed back. We saw Facebook do so in a very terrible manner in the last week or so. I was moved by some of the Prime Minister's statements—for example, when he said:

We will not be intimidated by this act of bullying by Big Tech, seeking to pressure parliament as it votes on our important News Media Bargaining Code.

He also said:

I would just say to Facebook: This is Australia. If you want to do business here, you work according to our rules.

That's what the Prime Minister said.

In the meantime, the Treasurer has gone around and started a discussion with these tech companies, and they've effectively managed to get to a point where bargaining is taking place and we're getting some good results for the big players: the Murdochs and the bigger news organisations. What this amendment signals to everyone is that as long as those guys are okay the minister will not designate as per the act. What's going to happen? We can see here that this legislation will pass, the minister won't designate because the deals will have been done with the big guys, and the little guys and the regional guys are going to miss out. That's what this amendment says. You know what? In a year's time, when Mr Murdoch says, 'I need a bit more money,' the Prime Minister is going to remind everyone of this legislation and threaten designation, there will be another deal and Murdoch will be happy. But the little guys will miss out again. That's exactly what is happening here. No-one should have any misconception about exactly what's going on. If I were a betting man—and I'm not—I would bet you folding money that if Louis Mayfield of the Whyalla News, a good journalist, calls up the Prime Minister and says, 'Google isn't negotiating with me; please designate them,' he'll get a very different story to the one Mr Murdoch gets.

This signals a complete backdown by the government in the face of the pressure. It is inconsistent with what the Prime Minister has indicated publicly. It was hollow rhetoric from the Prime Minister. This is a most concerning amendment. It lowers the threshold. So I ask the minister: is it the intention of the minister, based on current facts, to, once it receives royal assent, designate Facebook and Google in accordance with the act?

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