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Home / Business / Media Insider

Media Insider: Future of Fair Digital News Bargaining Bill uncertain as Australia backs down in face of Donald Trump threats

Shayne Currie
By Shayne Currie
NZME Editor-at-Large·NZ Herald·
18 Feb, 2025 09:27 AM4 mins to read

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The threat of tariffs and other penalties means the future of the Fair Digital News Bargaining Bill in New Zealand is uncertain. Photo / composite

The threat of tariffs and other penalties means the future of the Fair Digital News Bargaining Bill in New Zealand is uncertain. Photo / composite

The Media and Communications Minister offers a six-word response on the status of a critical piece of media legislation.

The future of a proposed law that would force Facebook and Google to help fund the New Zealand journalism that contributes to their megabillion-dollar empires appears uncertain, in the wake of Donald Trump’s threats to impose tariffs on countries that target US companies.

As the NZ Herald revealed in December, the Fair Digital News Bargaining Bill has been placed on hold. Media and Communications Minister Paul Goldsmith had opted to instead wait to see how the Australian Government handled the global tech giants with its own enhanced legislation.

But the Aussies have now taken fright themselves, delaying any plans to toughen its laws in the wake of the tariff threats from the US president.

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“Plans to threaten US tech giants such as Meta [Facebook] with hundreds of millions of dollars in Australian charges have been paused as ambassador to the US, Kevin Rudd, works to stave off trade retaliation from the Trump administration,” The Sydney Morning Herald reported on Monday.

“In the first shift in Australian policymaking following Donald Trump’s election, the Albanese Government has decided to go slow on a scheme to penalise digital platforms if they refuse to pay local media outlets for news articles.”

New Zealand’s Fair Digital News Bargaining Bill was originally due to have been passed by the end of 2024 but the Government delayed that at the last minute, saying it wanted to see how the new Australian legislation, announced only in December, played out.

The News Publishers Association (NPA), which represents New Zealand publishers, said at the time it was “very disappointed” by the delay.

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The latest Australian decision only worsens things — it’s hard to see the Fair Digital News Bargaining Bill progressing when foreign governments are so fearful of Trump’s threats.

Asked for comment today on the Australian position, Goldsmith’s office replied with six words: “We will reflect on that decision.”

Asked if the minister still supported the bill, his office did not respond.

Media and Communications Minister Paul Goldsmith. Photo / Mark Mitchell
Media and Communications Minister Paul Goldsmith. Photo / Mark Mitchell

The News Publishers’ Association said today it would be up to the minister to say whether his legislation had a future.

The industry had made it clear that the Bill was an important first step to supporting media, said NPA public affairs director Andrew Holden.

“Based on the Australian experience, it is clear that this type of legislation does work and provides a positive impact on newsrooms,” said Holden, referring to Australia’s earlier legislative moves.

“The important thing to remember is that the New Zealand version is not limited to Google or Meta, it covers all tech companies, including those developing AI products.

“Once in place, it won’t be just Google that supports the industry, it will allow us to bring all tech platforms that benefit from New Zealand journalism to the negotiating table.”

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Google has been previously accused by media industry sources of running a targeted campaign, opposing the Government’s planned legislation.

As Media Insider has revealed, Google has been threatening to blow up its New Zealand news agreements and remove any ability for users to find local news on its search engine, in ramped-up threats to oppose new legislation

One source earlier said the tactics were tantamount to bullying. “They’re playing their usual games, being as obnoxious as they can be.”

The source indicated the tech giant had even raised the spectre of reviewing its New Zealand operations — the source said any threat of a pullout would be “ludicrous” and extremely unlikely given Google operated a $1 billion business here and Microsoft would move in rapidly with its own search engine, Bing.

Goldsmith earlier said there had been conversations with Google but he would not classify their approach as “bullying”. They had been clear and robust, he said.

“We’ve always said right at the start it’s not a straightforward business.”

Editor-at-Large Shayne Currie is one of New Zealand’s most experienced senior journalists and media leaders. He has held executive and senior editorial roles at NZME including Managing Editor, NZ Herald Editor and Herald on Sunday Editor and has a small shareholding in NZME.

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