Proposed Media Legislation
118th Congress
S.1094 - Journalism Competition and Preservation Act of 2023-2024
Sponsor: Senator Amy Klobuchar, [D-MN]
Committee: Senate Judiciary
Status: Introduced
This bill would authorize digital journalism providers to collectively negotiate with large online platforms over the terms and conditions of the platforms’ use of content. The bill would ensure that providers do not violate federal antitrust laws when they negotiate with or withhold content from large online platforms. S. 673 also would prohibit platforms from retaliating against providers for participating in collective negotiations or arbitration authorized under the bill. CBO estimates that enacting S.673 would not affect direct spending or revenues. CBO has not estimated the discretionary costs of implementing the bill. The bill would impose intergovernmental and private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). As of 08/09/2023 the CBO has estimated that enacting S. 1094 would increase revenues and the consequent direct spending would be insignificant in amounts over the 2023-2033 period.
# # #
H.R.4857 - Journalist Protection Act
Sponsor: Representative Andre Carson, [D-IN-7]
Committee: House - Foreign Affairs; Judiciary
Status: Introduced
To require an investigation into all non-natural deaths of journalists in a foreign nation, who are United States citizens or working on behalf of a United States-based news media entity, and for other purposes. Relevant Federal agencies, shall develop a multi-agency investigative team protocol that includes defined responsibilities for each Federal agency involved, to—
(1) identify non-natural deaths of covered journalists in foreign countries;
(2) conduct prompt and effective, investigations of all such deaths, using the full investigative and forensic capabilities of the United States; and
(3) aggressively prosecute perpetrators who may be subject to criminal liability under International or Federal law.
###
S.2457 the PRESS Act
Sponsor: Senator Wyden, Ron [D-OR]
Committee: Senate Judiciary
Status: Passed House
Protect Reporters from Excessive State Suppression Act or the PRESS Act. This bill prohibits the federal government from compelling journalists and providers of telecommunications services (e.g., phone and internet companies) to disclose certain protected information, except in limited circumstances such as to prevent terrorism or imminent violence.
Specifically, the bill protects from disclosure any information identifying a source, as well as any records, contents of a communication, documents, or information obtained or created by journalists in the course of their work. Further, the bill protects specified third parties, such as telecommunications carriers or social media companies, from being compelled to provide testimony or any document consisting of a record, information, or other communication that relates to a business transaction between the third party and a journalist.
###
S.2434 - Local Journalism Sustainability Act
Sponsor: Senator Maria Cantwell [D-WA]
Committee: Senate Finance
Status: Introduced
This bill allows individual taxpayers a tax credit up to $250 in any taxable year for subscriptions to one or more local newspapers for the taxpayer's personal use. It also allows a local news journalist employer a payroll credit for wages paid to local news journalists.
The bill allows certain small businesses a tax credit for amounts paid for advertising in a local newspaper or through a broadcast of a radio or television station serving a local community.
###
S.1667 - Social Media Privacy Protection and Consumer Rights Act of 2021
Sponsor: Senator Amy Klobuchar [D-MN]
Committees: Senate - Commerce, Science, and Transportation
Status: Introduced
This bill requires online platform operators to inform a user, prior to a user creating an account or otherwise using the platform, that the user's personal data produced during online behavior will be collected and used by the operator and third parties. The operator must provide a user the option to specify privacy preferences, and an operator may deny certain services or complete access to a user if the user's privacy elections create inoperability in the platform.
The operator must (1) offer a user a copy of the personal data of the user that the operator has processed, free of charge, and in an electronic format; and (2) notify a user within 72 hours of becoming aware that the user's data has been transmitted in violation of the security platform.
A violation of the bill's privacy requirements shall be considered an unfair or deceptive act or practice under the Federal Trade Commission Act. The Federal Trade Commission (FTC) may enforce this bill against common carriers regulated by the Federal Communications Commission under the Communications Act of 1934 and nonprofit organizations. Currently, common carriers regulated under that Act are exempt from the FTC's enforcement authority, and nonprofit organizations are subject to FTC enforcement only if they provide substantial economic benefit to their for-profit members.
A state may bring a civil action in federal court regarding such violations.
###
H.R.4871 - Expanding Broadcast Ownership Opportunities Act of 2021
Sponsor: Representative G. K. Butterfield [D-NC-1]
Committees: House Ways and Means, Energy and Commerce
Status: Introduced
This bill requires the Federal Communications Commission (FCC) to take certain actions to increase diversity of ownership in the broadcasting industry and establishes a related tax incentive.
Specifically, the bill requires the FCC to report to Congress regarding:
(1) recommendations for increasing the total number of broadcast stations that are owned or controlled by members of minority groups or women,
(2) the total number of broadcast stations that are owned or controlled by members of minority groups or women, and
(3) whether there is a nexus between diversity of ownership or control of broadcast stations and the diversity of the viewpoints expressed on the stations.
In addition, the bill allows companies engaged in the qualifying sale of a broadcast station to receive favorable tax treatment by electing nonrecognition of the gain or loss resulting from the sale. To qualify for this treatment, the sale must result in or preserve ownership and control of a broadcast station by socially disadvantaged individuals.
###
S.3405 - Low Power Protection Act
Sponsor: Senator Roy Blunt [R-MO]
Committees: Senate -Commerce, Science, and Transportation
Status: Law
This bill provides for a one-year period during which eligible low-power television stations may apply to the Federal Communications Commission (FCC) for Class A licenses. To be eligible, a station must serve a media market with a limited number of television households, broadcast a minimum number of hours, and meet other requirements.
A low-power station with a Class A license obtains certain broadcast rights, including primary status with respect to its allocation of the electromagnetic spectrum. (Typically, low-power stations have secondary status and may be displaced from their spectrum in the event the FCC reallocates it to a primary user.)