World

How Australia's Plan to Make Big Tech Pay for News Hit a Wall—and What Happens Next

Elena MarquezPublished 3d ago6 min readBased on 11 sources
Reading level
How Australia's Plan to Make Big Tech Pay for News Hit a Wall—and What Happens Next

How Australia's Plan to Make Big Tech Pay for News Hit a Wall—and What Happens Next

Australia created a law in 2021 to force tech platforms like Meta and Google to pay news publishers when their content appears on these sites. At first, it seemed to work: both companies signed payment deals with over 30 Australian news outlets. But in March 2024, Meta pulled out entirely—claiming it would no longer pay, and hinting it might remove news from Facebook altogether. Now the Australian government faces a choice that could reshape how democracies handle the conflict between tech giants and journalism.

Why Australia Created This Law

The News Media and Digital Platforms Mandatory Bargaining Code came from a real problem: tech platforms have enormous power. When you post news on Facebook or search for a story on Google, these companies profit from ads placed alongside that content. But they don't pay the journalists or editors who created it. News publishers have no real leverage to negotiate. They're stuck.

So Australia's law introduced a threat: if platforms wouldn't agree to pay voluntarily, the government could force them into binding arbitration—a legal process where an independent referee decides the terms. Both Meta and Google signed voluntary deals to avoid hitting this trigger. For a while, things seemed to be working.

The Strategy That Broke the System

Here's the catch no one expected: the law assumes platforms still want to be in the news business. But Meta realized something crucial—Facebook doesn't really need news articles to make money. The platform thrives on entertainment, videos, photos, and messages between friends. News is optional.

In March 2024, Meta announced it would stop paying Australian publishers. More alarming, the company said it might remove news from Facebook entirely if the government tried to force it through arbitration. This wasn't bluffing. Meta had done exactly this in February 2021 during the original legislative battle in Australia—it switched off news for a few weeks to show it could, then switched it back. This time, Meta sounded willing to make the ban permanent.

Google took a different path. The company kept paying because its business model depends on searching and listing everything, including news articles. Without news, Google Search becomes less useful. Meta has no such dependency.

What the Government Did—And Why It's Not Enough

Australian Prime Minister Anthony Albanese called Meta's position "arrogant" in June 2024 and insisted the company should pay. The government considered activating the law's arbitration mechanism to force negotiations. On top of this, Meta faced other Australian regulatory battles: a privacy fine of A$50 million in December 2024, and earlier fines for undisclosed data collection. Each enforcement action added pressure.

But here lies the real problem: even if the government wins an arbitration case and orders Meta to pay, what's to stop the company from just deleting Australian news from Facebook anyway? A court order to pay is one thing. Forcing a tech company to host content it doesn't want is another—and raises uncomfortable questions about whether the government can legally compel a private company to publish material.

The broader context here illustrates something important about regulating digital platforms. The law was built on the assumption that all platforms experience regulation the same way—that the threat of sanctions would push them to negotiate. But Meta and Google operate on completely different business models. Google's threat of removal was never credible. Meta's is very real.

Who Gets Hurt

Australian news publishers relied on those early payment deals. For regional and smaller news outlets—the ones covering local communities—that money was crucial. When Meta cut payments, it left them scrambling. These publishers can't easily negotiate with Google alone, and they lack the audience size to make direct reader payments work at scale.

This creates a dangerous dependency. If Google remains the only platform paying, news outlets become overly reliant on one company. And if Meta blocks news entirely, smaller publishers lose access to the millions of Australians who discover content through Facebook. National outlets might survive the hit. Local ones could struggle.

The Bigger Picture

Other countries have been watching Australia carefully. Canada, the UK, and European nations have considered or adopted similar laws. But if Meta's strategy of withdrawal works—if the company can simply opt out of paying for news and face no real consequences—the whole model falls apart. Why would tech platforms negotiate in Canada or Europe if Australia proved they could just walk away?

This echoes earlier regulatory battles. When music streaming arrived, copyright holders tried to enforce old licensing rules. Platforms moved faster than the law, and it took years of legal back-and-forth before the system settled. The same dynamic is playing out here, but the stakes are higher. Music wasn't a pillar of democracy. News is.

The government now faces a choice: activate the law's force mechanism and risk Meta actually blocking news from Australian users, or back down and signal to tech companies worldwide that mandatory payment laws have no teeth. There's no clean answer.

Where This Leaves Things

The Australian model assumed platforms would always need to carry news to stay competitive. It didn't account for a company that could walk away without losing much. Neither the designation mechanism nor the threat of fines has been enough to change Meta's calculations. The company has calculated that the costs of compliance are higher than the cost of withdrawal.

This breakdown tests whether democracies can regulate platforms that operate according to fundamentally different rules than traditional media companies. The outcome in Australia will likely influence whether similar laws in other countries succeed or fail.