,,ii  #aafth ,,congress  #ast ,session  
,s4 #agjj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #c1      
#bjai,mr4 ,kennedy 7for himself and ,ms4
 ,klobuchar7 introduced the following   
bill2 which was read twice and referred 
to the ,committee on the ,judiciary  ,a 
,,bill  ,to provide a temporary safe    
harbor for publishers of online content 
to collectively negotiate with dominant 
online platforms regarding the terms on 
which content may be distributed4  #a4  
,short title ,this ,act may be cited as 
the ,journalism ,competition and        
,preservation ,act of #bjai4  #b4 ,safe 
harbor for certain collective           
negotiations  7a7 ,definitions ,in this 
section3 7#a7 ,antitrust laws ,the term 
antitrust laws-- 7,a7 has the meaning   
given the term in subsection 7a7 of the 
first section of the ,clayton ,act 7#ae 
,u4,s4,c4 #ab72 and  7,b7 includes-- 7i7
 section #e of the ,federal ,trade      
,commission ,act 7#ae ,u4,s4,c4 #de7 to 
the extent that section applies to      

unfair methods of competition2 and  7ii7
 any ,state law 7including regulations7 
that prohibits or penalizes the conduct 
described in1 or is otherwise           
inconsistent with1 subsection 7b74  7#b7
 ,news content creator ,the term news   
content creator means-- 7,a7 any print  
or digital news organization that-- 7i7 
has a dedicated professional editorial  
staff that creates and distributes      
original news and related content       
concerning local1 national1 or          
international matters of public interest
 on at least a weekly basis2 and  7ii7  
is commercially marketed through        
subscriptions1 advertising1 or          
sponsorship2 and  7,b7 provides original
 news and related content1 with the     
editorial content consisting of not less
 than #be percent current news and      
related content4  7#c7 ,online content  
distributor ,the term online content    
distributor means any entity that-- 7,a7
 operates a website or other online     
service that displays1 distributes1 or  

directs users to news articles1 works of
 journalism1 or other content on the    
internet that is generated by           
third-party news content creators2 and  
7,b7 has not fewer than #a1jjj1jjj1jjj  
monthly active users1 in the aggregate1 
of all of its websites or online        
services worldwide4  7b7 ,limitation of 
liability ,a news content creator may   
not be held liable under the antitrust  
laws for engaging in negotiations with  
any other news content creator during   
the #d-year period beginning on the date
 of enactment of this ,act to           
collectively withhold content from1 or  
negotiate with1 an online content       
distributor regarding the terms on which
 the news content of the news content   
creator may be distributed by the online
 content distributor1 if-- 7#a7 the     
negotiations with the online content    
distributor-- 7,a7 are not limited to   
price2  7,b7 are nondiscriminatory as to
 similarly situated news content        
creators2  7,c7 directly relate to the  

quality1 accuracy1 attribution or       
branding1 and interoperability of news2 
and  7,d7 pertain to terms that would be
 available to all news content creators2
  7#b7 the coordination between the news
 content creators is directly related to
 and reasonably necessary for           
negotiations with an online content     
distributor that are otherwise          
consistent with this ,act2 and  7#c7 the
 negotiations do not involve any person 
that is not a news content creator or an
 online content distributor4  7c7 ,rule 
of construction ,except as provided in  
this ,act1 this ,act shall not be       
construed to modify1 impair1 or         
supersede the operation of the antitrust
 laws4