Global developments, like the Bargaining Code in Australia and the EU’s directions, highlight the exclusive role of publishers in reproducing their work and imposing liability on online content-sharing service providers for the digital use of press.
Across the globe, news publishers are facing challenges due to the monopolistic practices of big tech companies. Meta Tech’s control over data usage and Google’s unfair conditions are negatively impacting the subscription business of digital news players. The recent antitrust violations by Google in the US and India have further exacerbated the situation, leading to calls for regulatory action to protect the interests of publishers.
Another issue plaguing news publishers is the unauthorized use of their content to train generative artificial intelligence systems. While publishers invest in creating content, AI developers reap the rewards without proper compensation. This not only infringes on copyright laws but also hinders the progress of AI innovations. Countries like Australia and the EU have taken steps to address this issue through the implementation of the Bargaining Code, emphasizing the need for fair compensation for the use of publisher content.
Given the challenges faced by news publishers, there is a growing need to amend the IT Act to safeguard their interests. The proposed amendments aim to define thresholds for revenue generated from publisher content and establish a mandatory bargaining mechanism for fair negotiations with big tech companies. This proactive approach is crucial in ensuring that the misuse of monopoly power by big tech does not cause further harm to news publishers in India.
