Australia Can Make Big Tech Pay. It Cannot Make Big Tech Bargain

On August 20, the Australian Parliament adopted a new framework that puts a price on walking away from news. Covered platforms can sign commercial agreements with publishers and use those payments to reduce their liability. Or they can decline to make deals and pay a charge that will be distributed to the news sector.
Australia Can Make Big Tech Pay. It Cannot Make Big Tech Bargain

Australia did add protections beyond the direct-deal route. According to the government’s final design, money collected through the charge will be distributed using a statutory mechanism, with a 20% loading for regional journalists, small and medium-sized publishers and outlets serving underrepresented communities. Five percent of collected funds is reserved for small-publisher grants, including startups and publishers with less than A$150,000 in annual revenue. Another 5% is set aside for Australian Associated Press.

Those are important corrections to the original proposal. They also reveal a persistent missing middle.

An outlet below A$150,000 has a grant route. A large publisher has negotiating staff, legal resources and scale. Between them sit established local organizations that are too large for the smallest-publisher grant but still too small to bargain with a global platform on equal terms.

If a platform pays the charge, the statutory distribution formula may reach some of those outlets. If the platform pursues direct agreements instead, the multiplier makes them attractive but still does not give them a seat at the table.

Australia closed Meta’s escape route

The new law is a response to a weakness exposed by Australia’s earlier News Media Bargaining Code.

That code helped produce more than 30 commercial agreements, reportedly worth roughly A$250 million a year. Then Meta stopped renewing its Australian news deals and discontinued Facebook News in Australia in 2024. Under the earlier structure, removing news could also remove the reason to bargain.

The News Bargaining Incentive closes that exit. The charge is tied to covered digital advertising revenue, not to whether a platform chooses to carry news. A platform cannot make the obligation disappear simply by taking news off its service.

It can, however, choose to pay rather than negotiate.

That choice determines what the mechanism becomes in practice. If platforms sign a broad range of meaningful agreements, the law operates as an incentive for commercial cooperation. If they pay the charge and keep publishers at arm’s length, it operates more like a sector levy with a journalism distribution program attached.

Both outcomes produce funding. Only one produces a working relationship.

The U.S. is testing a different route

There is no national American equivalent to Australia’s new charge. Federal efforts to create a collective bargaining framework for publishers have repeatedly stalled, while states have moved toward programs that subsidize newsroom employment or civic information more directly.

New York’s Empire State Newspaper and Broadcast Media Jobs Program makes up to $30 million a year available through refundable credits for retaining and creating newsroom jobs. Half of the annual allocation is reserved for businesses with 100 or fewer New York employees.

Illinois uses a smaller but more tightly defined program. Its $5 million annual Local Journalism Sustainability Tax Incentive Program offers a $15,000 refundable credit for each qualifying journalist retained and another $10,000 for a new position. Eligibility turns on concrete local-news indicators: original public-interest reporting, a journalist working at least 30 hours a week and living within 50 miles of the coverage area, ownership disclosure and, for digital-only outlets, at least one community story per week plus an Illinois audience threshold.

Demand itself offers a lesson. Illinois reports that its 2026 allocation for retained-journalist credits is already fully committed, while credits for net-new positions remain available. An early implementation review found that smaller organizations could qualify, but paperwork, limited administrative capacity and payment delays still created barriers. Funding a job that exists and inducing a publisher to add a job are not the same policy problem.

California is considering another version. AB 2222, which reached the state Senate in an amended form in August, would provide refundable credits of up to $20,000 for each of a publisher’s first five qualifying full-time journalists, with separate amounts for additional, part-time and newly created positions. It is still a bill, not money a publisher can put in the budget. We examined the architecture and the caveat in The $20,000 Reporter.

The contrast with Australia is useful:

ModelWhat triggers the moneyWhat it targets wellPrimary weakness
AustraliaBig Tech deals or a national platform chargeA large sector-wide funding poolDirect deals may still favor publishers with scale
Illinois and New YorkRefundable state tax creditsRetaining and creating journalism jobsLimited annual pools and eligibility rules
California AB 2222Proposed refundable employment creditsSpecific local newsroom positionsNot yet enacted; implementation still uncertain

The American programs define the newsroom, employee or civic outcome first and then direct support toward it. That can target local reporting more precisely. Australia starts with the platform’s contribution and then creates two possible routes for the money: negotiated deals or statutory distribution.

The U.S. could eventually combine those strengths. A serious national model would guarantee a contribution, publish transparent distribution data, protect a meaningful share for independent and regional publishers, and let smaller outlets bargain collectively rather than approach global companies one by one.

The number of agreements should never be the only success metric. Policymakers and publishers need to know the value distribution, ownership profile, geography and newsroom employment supported by those agreements.

A payment buys runway. It does not build a business.

There is a temptation to treat any new policy dollar as the missing business model. It is not.

A platform agreement, employment credit or grant can keep a reporter on payroll. It cannot make readers return, convert anonymous traffic into a known audience, sell a local advertising campaign or turn strong reporting into recurring revenue. Public policy can lower the cost of journalism. The publisher still has to build the other side of the equation.

That is why the operational lesson matters as much as the legislative one. We made the same point in The $129 Million Scaffolding: institutional support rewards publishers that can document what they are, execute a campaign and handle new funding without creating a workflow bottleneck.

The infrastructure should also help the newsroom outlast the support. A Paywall and Registration Wall can turn selected reporting into subscription revenue or first-party reader relationships while leaving other coverage open. Within CMS4media, that capability sits inside the same publishing environment as the content it is meant to sustain.

The point is not that every local outlet should lock every article. It is that a temporary inflow should finance permanent capacity: better reporting, a stronger owned audience, cleaner reader data and more dependable revenue.

What American publishers should watch next

Australia’s headline number will be easy to follow. The more revealing evidence will take longer.

Watch how many platforms choose direct deals instead of paying the charge. Watch how much of the deal value reaches independent and regional publishers—not merely how many names appear on a list. Watch whether the small-publisher grants and the statutory distribution arrive quickly enough to affect newsroom employment. And watch how much disclosure the system produces around confidential commercial agreements.

Most of all, watch the missing middle. If established local publishers still cannot enter meaningful negotiations, the 200% multiplier will have improved the math without fixing the market.

Australia can now make Big Tech contribute to journalism even when a platform does not carry news. That is a genuine policy advance, and American lawmakers should study it closely.

But payment is an input. Distribution is a policy choice. Sustainability is still a business model.


Share
Rate