By Emmanuel Legrand
Last week Google sent mixed messages about the company's intent to remunerate news publishers: In France, Google signed an agreement with the Alliance de la Presse d’Information Generale (General Information Press Alliance), which regroups most of the country's main news outlets. The deal includes payments for the online use of news content by the internet giant.
Meanwhile, in Australia, Google has threatened to shut down access to news services through its search engine if it had to pay for indexing content and adhere to a Code.
The agreement with the Alliance cover a wider range of news outlets and signals that Google has now accepted the terms of the law, although the amount it will pay has not been disclosed. Sébastien Missoffe, Managing Director of Google France, said the agreement was "a major step for Google" that confirms the platforms' "commitment to press publishers within the framework of the French law on neighbouring rights. It opens up new perspectives for our partners, and we are happy to contribute to their development in the digital age and support journalism."
"This agreement sets out the principles according to which Google will negotiate individual license agreements with Alliance members whose publications are recognised as Political and General Information, while reflecting the principles set by law," said the Alliance. "These individual licensing agreements will cover neighbouring rights, and will provide access to News Showcase, a new press publishing licensing programme recently launched by Google, which will allow readers to access rich content. The remuneration provided for in the license agreements between each newspaper publisher and Google is based on criteria such as, for example, the contribution to political and general information, the daily volume of publications or the monthly Internet audience."
The agreement was welcomed by French Minister of Culture Roselyne Bachelot-Narquin. "This agreement marks Google's recognition of the value created by publishers," said the Ministry in a statement. "It is the culmination of a long process and the result of the strong mobilisation of press and public authorities."
The Ministry said the agreement "is only a first step that calls for others," since Google "is not the only company that owes this neighbouring right." The Ministry warned that "other platforms concerned must in turn comply with French and European law."
The Minister of Culture will be careful "to ensure that the remuneration received by publishers and press agencies under their neighbouring rights is the subject of an appropriate and equitable sharing with journalists and other authors of works included."
In Australia, the situation went the opposite way. Under pressure from the Australian government to negotiate a remuneration deal with publishers, Google and Facebook have resisted entering into agreements with publishers. Google's Managing Director for Australia, Melanie Silva, told Senators that forcing the company to sign such agreement “would give us no real choice but to stop making Google Search available in Australia." She added: "Withdrawing our services from Australia is the last thing that Google want to have happen, especially when there is another way forward."
The response from Prime Minister Scott Morrison was swift: “Australia makes our rules for things you can do in Australia," he said. "That’s done in our Parliament. It’s done by our government, and that’s how things work here in Australia. People who want to work with that, in Australia, you’re very welcome. But we don’t respond to threats."
Australia was pushing internet companies and local news publishers to agree to a code that would include a remuneration for the use of news by digital platforms. The proposal was part of a package suggested by the country's competition watchdog, following a full year of review, leading to the introduction of a legislation into the House of Representatives in December.
The Age reported that Silva said to Senators that paying for news would “break” Google’s business model and that the company was concerned that the proposed Australian code would set an international precedent.
Facebook also threatened to remove news content from Australia on its platform if the proposal went through. Facebook’s Vice-President for public policy in Asia-Pacific, Simon Milner, said the "great majority of people who are using Facebook would continue to be able to do so, but we would no longer be able to provide news as part of the Facebook product.”
The bill to legislate the code was introduce in Parliament by Treasurer Josh Frydenberg at the end of December and is expected to be voted in February. The law would require the likes of Google and Facebook to negotiate with publishers, and if they could not come to an agreement within three months, they would be forced to enter mandatory arbitration.
Chris Janz, Chief Digital and Publishing Officer of media company Nine Entertainment, said that it was important the continue to apply pressure of tech companies otherwise they will “continue to refuse to pay for the content they’ve used to secure their monopolies or live up to the responsibilities that come with such power."
France's situation follows the adoption by the French government of the European Union's Copyright Directive in July 2019, which includes a “neighbouring rights” for news publishers. After initially resisting to comply with the law, an appeals court mandated Google to negotiate with publishers. Subsequently, Google entered with individual agreements with some publishers such as Le Monde or l’Obs.
A major step
The agreement with the Alliance cover a wider range of news outlets and signals that Google has now accepted the terms of the law, although the amount it will pay has not been disclosed. Sébastien Missoffe, Managing Director of Google France, said the agreement was "a major step for Google" that confirms the platforms' "commitment to press publishers within the framework of the French law on neighbouring rights. It opens up new perspectives for our partners, and we are happy to contribute to their development in the digital age and support journalism."
"This agreement sets out the principles according to which Google will negotiate individual license agreements with Alliance members whose publications are recognised as Political and General Information, while reflecting the principles set by law," said the Alliance. "These individual licensing agreements will cover neighbouring rights, and will provide access to News Showcase, a new press publishing licensing programme recently launched by Google, which will allow readers to access rich content. The remuneration provided for in the license agreements between each newspaper publisher and Google is based on criteria such as, for example, the contribution to political and general information, the daily volume of publications or the monthly Internet audience."
The agreement was welcomed by French Minister of Culture Roselyne Bachelot-Narquin. "This agreement marks Google's recognition of the value created by publishers," said the Ministry in a statement. "It is the culmination of a long process and the result of the strong mobilisation of press and public authorities."
Other platforms must comply too
The Ministry said the agreement "is only a first step that calls for others," since Google "is not the only company that owes this neighbouring right." The Ministry warned that "other platforms concerned must in turn comply with French and European law."
The Minister of Culture will be careful "to ensure that the remuneration received by publishers and press agencies under their neighbouring rights is the subject of an appropriate and equitable sharing with journalists and other authors of works included."
In Australia, the situation went the opposite way. Under pressure from the Australian government to negotiate a remuneration deal with publishers, Google and Facebook have resisted entering into agreements with publishers. Google's Managing Director for Australia, Melanie Silva, told Senators that forcing the company to sign such agreement “would give us no real choice but to stop making Google Search available in Australia." She added: "Withdrawing our services from Australia is the last thing that Google want to have happen, especially when there is another way forward."
Australia does not respond to threats
The response from Prime Minister Scott Morrison was swift: “Australia makes our rules for things you can do in Australia," he said. "That’s done in our Parliament. It’s done by our government, and that’s how things work here in Australia. People who want to work with that, in Australia, you’re very welcome. But we don’t respond to threats."
Australia was pushing internet companies and local news publishers to agree to a code that would include a remuneration for the use of news by digital platforms. The proposal was part of a package suggested by the country's competition watchdog, following a full year of review, leading to the introduction of a legislation into the House of Representatives in December.
The Age reported that Silva said to Senators that paying for news would “break” Google’s business model and that the company was concerned that the proposed Australian code would set an international precedent.
Platforms need to face their responsibilities
Facebook also threatened to remove news content from Australia on its platform if the proposal went through. Facebook’s Vice-President for public policy in Asia-Pacific, Simon Milner, said the "great majority of people who are using Facebook would continue to be able to do so, but we would no longer be able to provide news as part of the Facebook product.”
The bill to legislate the code was introduce in Parliament by Treasurer Josh Frydenberg at the end of December and is expected to be voted in February. The law would require the likes of Google and Facebook to negotiate with publishers, and if they could not come to an agreement within three months, they would be forced to enter mandatory arbitration.
Chris Janz, Chief Digital and Publishing Officer of media company Nine Entertainment, said that it was important the continue to apply pressure of tech companies otherwise they will “continue to refuse to pay for the content they’ve used to secure their monopolies or live up to the responsibilities that come with such power."
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