Recommendation 42

We reiterate our recommendation for a mandatory bargaining code to ensure fair negotiations between platforms and publishers. Google’s and Facebook’s voluntary initiatives to pay some publishers for some of the use of their content are welcome. However, such agreements reflect the fundamental imbalance of power between the two sides. As the Competition and Markets Authority has noted, publishers have little choice but to accept the terms they are offered. Only a mandatory bargaining code, with the possibility of independent arbitration, can ensure that publishers—particularly smaller and local publishers—get a fair deal. The code should also cover how platforms use and curate publishers’ content.