Product1 publisher3 min readPublished
Australia just made refusing to negotiate a taxable act, not a product decision
The News Bargaining Incentive taxes advertising revenue whether or not a platform carries news. LinkedIn's late addition shows the scope is set by the ad line, not by self-image.
The Product Desk · Product desk
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What happened
- Australia's parliament passed the News Bargaining Incentive on Thursday.
- The law closes a five-year argument that began when Meta worked out it could avoid paying for news by simply not carrying any; the new law removes that option.
- Platforms with a significant search or social media service in Australia and more than A$250mn (about $178mn) in local advertising revenue face a levy of 2.5% on that advertising revenue, whether or not they host a single news story.
- When the government first set out the scheme, the rate was 2.25%.
- Meta, Alphabet's Google, TikTok, and Microsoft's LinkedIn are the companies in scope.
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Why it matters
Australia's parliament passed the News Bargaining Incentive on Thursday, closing a five-year argument that began when Meta worked out it could avoid paying for news by simply not carrying any [1][2]. The design point is that the product decision no longer changes the bill: a platform with a significant search or social media service in Australia and more than A$250mn (about $178mn) in local advertising revenue owes a levy of 2.5% of that advertising revenue whether or not it hosts a single news story [3].
That is the correction to the last attempt. The 2021 News Media Bargaining Code produced deals worth a reported A$200mn a year until Meta declined to renew them in 2024, at which point the weakness was visible: the code could only be enforced against a platform that carried news [19]. Removing news from the surface was, in effect, a compliance feature. The new levy attaches to the ad line instead, so shipping a change to the feed does nothing to the liability.
The escape route is commercial rather than editorial. A platform can reduce or eliminate the levy by striking agreements with at least eight Australian news businesses [7]. Deals with large publishers count at 150% of their value, deals with small and medium outlets at 200%, and no single deal can offset more than a quarter of total liability, which is the clause that stops one very large cheque to one very large publisher settling the whole thing [8]. Taken together, the quarter cap means a full offset requires at least four separate agreements before the eight-business floor even applies [1]. At the entry threshold, liability is A$6.25mn a year [2], which at the 200% rate could in principle be discharged with A$3.125mn of deals with smaller outlets [3].
Meta, Alphabet's Google, TikTok, and Microsoft's LinkedIn are the companies in scope [5]. LinkedIn was added in early August alongside a rate increase from the original 2.25%, which the government presented as a technical adjustment and the industry did not [4][6]. LinkedIn is captured because of what it earns from Australian advertising, not because anyone classifies it as a news distributor. The rate move also raises liability by roughly 11% on the same ad base [4].
Assistant treasurer Daniel Mulino has said taxing advertising revenue rather than total revenue reflects "the part of the business that uses the news", a concession the platforms had pushed for [13]. Communications minister Anika Wells said on passage that "journalism is essential to strong democracy, holding people, businesses and governments to account" [11], and Mulino said Australian public interest journalism "matters to diverse communities and the nation" [12]. Mulino has been relaxed about the threat of departure on the grounds that Australia is a very profitable market for the companies involved [14]. Meta has not tested that, but has argued the levy breaches the Australia-United States free trade agreement, a complaint it raised earlier this year and has not withdrawn [15].
Money that is not offset is directed into a News Journalism Payments scheme the government says deliberately favours smaller and regional outlets [10], with a grant layer reserving a share for small publishers and news startups [17]. Publishers have spent two years watching the old arrangement expire with no replacement [18].
Two mechanics decide whether this works. Deals must be finalised before the end of a platform's own financial reporting period to count against that period's liability, which puts the negotiating calendar inside each company's accounts rather than with a regulator [9]. And AI firms are outside the scheme entirely, despite training on and summarising the same journalism, with no stated intention to revisit that [16]. What the platforms do in the next reporting period will settle this, not anything said in Canberra this week [20].