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Taiwan Government Sets Course for Legislation on Domestic Media and International Platform Bargaining

In light of recent developments in negotiations between Taiwanese media outlets and international platforms, the Taiwanese government is taking proactive steps to address the issue through legislation. Amidst two rounds of discussions that took place from December 2022 to the present, Google emerged as the sole proponent of a digital news co-prosperity fund, while Meta declined to engage in bargaining.

Internationally, countries such as Australia, France, and the Czech Republic have already completed their legal frameworks regarding media platform bargaining. Canada, New Zealand, and the United States have entered the legal process as well.

Facing similar challenges within our domestic news media landscape, the Taiwanese government, across various administrative departments, holds a firm stance that news has inherent value. Consequently, interdepartmental working groups have commenced studies on relevant legal pro cesses. Various legal approaches are being explored, including neighboring rights, digital taxation, and the Australian bargaining model. It is also not ruled out that a fusion of different regulations may be considered.

Deputy Minister of the Digital Ministry, Li Huairen, has noted that the Australian bargaining model might pose challenges for small and medium-sized news outlets, considering Taiwan's relatively limited number of large-scale news media industries. Adopting the Australian model w ould require careful assessment of its implications on the overall industry, society, and government. The Digital Ministry is set to initiate pertinent research in collaboration with the Fair Trade Commission. Several versions of legislative proposals regarding media platform bargaining have already been put forth by multiple legislators in the Legislative Yuan. The Digital Ministry aims to present relevant reports by the end of August.

As Taiwan acknowledges the hardships faced by the media industry and its limited bargaining power against international digital giants, there is a pressing need for a robust institutional framework. Recognizing the expertise and professionalism required in the field of journalism , it is imperative to establish legislation that will create a fair and sustainable environment for media outlets in Taiwan.

The experiences of Australia, France, and the Czech Republic serve as precedents in this regard. Australia's approach involves mandatory arbitration, where in media outlets and digital platforms engage in negotiation and mediation. In the event of a deadlock, the matter proceeds to ar bitration. , on the other hand, has implemented neighboring rights to safeguard the online utilization of media content.

As Taiwan embarks on its own legislative journey, it aims to strike a balance that ensures the vitality of the media industry while catering to the unique characteristics of its domestic landscape. By fostering a constructive dialogue between media outlets and inter national platforms, Taiwan seeks to create A mutually beneficial ecosystem that upholds the value of quality journalism and embraces the digital era.

Stay tuned for further updates on Taiwan's legal endeavors to empower its media sector and promote fair bargaining practices between domestic media and international platforms.

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