Changes to Australia’s news code have been passed by the Senate tonight but Facebook has yet to drop its ban on seeing or sharing news.
Changes to Australia’s news code have been passed by the Senate tonight but Facebook has yet to drop its ban on seeing or sharing news.

Facebook ban stays as media code passes Senate

Australians still cannot see or share news on the world's biggest social network even though the Senate has approved major changes to laws regulating how Facebook and Google use news on their platforms.

Late today, Senators passed a series of amendments to Australia's news media bargaining code that promised to break a deadlock between the Australian Government and Facebook over paying for the news it used.

The changes, which will be introduced to the House of Representatives on Thursday, come after Facebook banned news and other sources of information on its social network in Australia - including the pages of many charities, support groups, and government departments - last Thursday.

Treasurer Josh Frydenberg during a phone ball with Facebook chief Mark Zuckerberg. Picture: PMO via NCA NewsWire
Treasurer Josh Frydenberg during a phone ball with Facebook chief Mark Zuckerberg. Picture: PMO via NCA NewsWire

But it is still unclear when news content will return to the digital platform, and whether the groundbreaking Australian laws will be formally applied to Facebook or Google.

The news media bargaining code, drafted by Australia's competition watchdog, was designed to force tech giants to share revenue with Australian media outlets for the use of their news content.

A second package of changes to the laws, made after "intensive" negotiations with Facebook founder Mark Zuckerberg, included recognition for commercial deals struck outside the code, the addition of a two-month mediation period, and 30 days' notice for tech firms "designated" to fall under the laws.

Senators voted down further changes that would have specifically recognised deals for small and regional publishers and seen revenue from deals used only to fund journalism.

 

Despite Senate approval for the changes, Facebook's block on news in Australia remained in place, preventing users seeing content from outlets ranging from news.com.au, Nine and The Guardian to CNN, Vogue and Better Homes and Gardens.

A Facebook spokeswoman said the company would lift its ban in "coming days".

Swinburne University media senior lecturer Dr Belinda Barnet said it was also unclear whether Treasurer Josh Frydenberg would name Facebook or Google to fall under the laws now that both firms were signing deals to pay Australian media outlets for their content.

Dr Barnet said the news code was now working as a "threat" to big tech without actually applying to the companies.Opinion

"The Government using it as leverage or as a big stick," she said.

"They're saying 'we want you to behave as though you're subject to it'. I hope Facebook starts making deals with more media outlets over the next 30 days."

The social network has so far signed a letter of intent with Seven West Media with more deals expected to follow.

The Australia Institute's Centre for Responsible Technology director Peter Lewis said the Government needed to closely monitor deals Facebook and Google were striking with media outlets to ensure important publishers were not overlooked and public interest journalism was funded.

"We now need to see how it works with the hundreds of smaller media organisations that provide the diversity the ACCC is seeking," he said.

"It'll be critical to monitor the way those negotiations proceed and we hope the Treasurer will use his powers to ensure this deal delivers for the entire Australian media and not just the largest players."

Originally published as Facebook ban stays as media code passes Senate