Large platforms would need payment agreements to use Oregon news content

Covered platforms would need a written agreement with a digital journalism provider to access its content for an Oregon audience. The rule covers platforms meeting the bill’s size and revenue tests and news publishers or broadcasters that meet its eligibility rules. The agreement must set payment, allow an audit, and bar payment through services, ties to other products, or resale of the provider’s content or access data. For access from January 1, 2027, through December 31, 2028, a platform that elects to pay the required annual minimum cannot be sued under the bill’s access rule for that period. The agreement rule would apply to access on or after the Act’s effective date. The lawsuit protection applies only to access from January 1, 2027, through December 31, 2028.

A covered platform or a group of digital journalism providers could seek arbitration to set payments for news content accessed for Oregon audiences. Each arbitration covers one platform and one group of providers acting together. A three-person panel must choose one party’s final offer without changing it. The award sets an annual payment for two years and may be renewed. Ten percent of an award goes to the Oregon Civic Information Consortium. The rest goes to participating providers, with at least one percent reserved for providers otherwise due less than $25,000. The arbitration order expires within two years unless the panel renews it.

Providers receiving payments under these provisions would have to spend most of the money on news workers and support staff, and report how they use it. These duties apply to digital journalism providers receiving payments under the bill’s provisions. Providers generally must spend at least 70 percent on news journalists and support staff. Those with five or fewer employees must spend at least 50 percent. A provider that fails to publish its annual report and give it to the required recipients could have payments withheld until it does so. The first report would be due within one year after an arbitration award, appeal judgment, or settlement, with another report due each year afterward.

The Oregon Civic Information Consortium would award grants for local news and public information projects. The grants would support Oregon news providers, journalism, public information projects, and other work addressing Oregonians’ civic information needs. The board would set grant criteria. Projects could support local reporting, underserved communities, multilingual content, and journalism training. Grant agreements would set project goals and measures, and protect recipients’ independence over their work. The bill does not state when grantmaking would begin.