The 2025 Australian federal election delivered some unexpected results and rewrote the political and policy landscape. While the dust continues to settle, the one thing that is clear is the new parliament has delivered a strong mandate for the Labor government.
Labor has increased its majority in the House of Representatives and made significant gains in the Senate. A cabinet reshuffle saw Anika Wells take on the Communications portfolio and carriage of amendments to the Media Bargaining Code in the new parliament.
The Public Interest Journalism Initiative (PIJI) is hopeful this will deliver some positive outcomes, holding the tech platforms to account and providing greater transparency in negotiations with news outlets.
Reform is critical.
Over the past five years, the Australian news landscape has experienced significant contraction, particularly impacting regional and remote areas.
According to PIJI’s extensive research, there has been a net loss of about 166 news outlets. Regional and remote Australia have been disproportionately affected, accounting for 60 per cent of all changes, despite only 28 per cent of Australians living outside metropolitan areas.
The decline has led to ‘news deserts’, with some local government areas lacking any local print, digital, or radio news outlets, mostly in regional and remote locations.
The contraction is linked to declining advertising revenues, the rise of digital platforms dominating advertising markets, and the drying up of funding sources such as those from tech giants under the Media Bargaining Code.
A recent survey conducted by PIJI strongly suggests bipartisan support for strengthening the Code, originally introduced in 2021 to address the bargaining power imbalance between Australian news media businesses and dominant digital platforms, ensuring fair remuneration for news content and supporting public interest journalism.
Labor’s electoral success suggests a parliamentary appetite for reinforcing regulatory frameworks that protect Australian media interests against large international tech companies.
The Labor government has already indicated intentions to legislate a ‘News Bargaining Incentive’ in 2025, which would effectively act as a retroactive and targeted levy on major digital platforms to compel them to negotiate or renew deals with Australian publishers under the Code.
In their responses to PIJI’s survey, Labor and the Greens emphasise the importance of safeguarding independent journalism and ensuring that digital platforms contribute fairly to the sustainability of Australian news media. They view the current Code as a foundation that requires enhancement to prevent major platforms from circumventing their obligations and to better support smaller and independent publishers.
The survey also highlights concerns from some respondents about the potential coercive nature of the proposed bargaining incentive and its impact on journalistic independence. Labor and Greens also generally accept that some form of regulatory pressure on digital platforms is necessary to redress the significant power imbalance and to secure funding for quality journalism in the digital age.
However, it’s not all plain sailing.
Despite the since-deposed Liberal leader Peter Dutton supporting the Code during the election campaign, many in the Coalition and some crossbench senators remain sceptical or opposed, framing the Code as a discriminatory digital tax that could have unintended consequences on journalistic independence and the evolving global news landscape.
A new leadership structure in the Opposition and a proposed review of all current policies may see some heated debate on the future of the proposed legislation.
While the party formally supported the passage of the original Code legislation, some Coalition senators have expressed concerns about its effectiveness and the government’s handling of the designation process. They have indicated a preference for allowing commercial deals with major platforms rather than mandatory arbitration, suggesting a reluctance to fully endorse stronger regulatory measures.
Crossbench opposition has been more pronounced.
Independent Senator Jacqui Lambie was a vocal critic, condemning the Code as a “bipartisan shakedown” that unfairly burdens platforms like Facebook and Google, while increasing media dependence on these companies rather than reducing it.
Other crossbench senators raised concerns that the Code amendments watered down the original intent, making it harder for smaller and regional publishers to benefit. For example, Senator Rex Patrick, who initially supported the Code, criticised the government’s last-minute amendments as a “complete back down” that raised arbitration thresholds and disadvantaged smaller media players.
The Greens and Centre Alliance senators also voted against the government’s amendments, arguing that the changes undermined the Code’s objectives and failed to adequately protect media diversity and public interest journalism.
This opposition means that while passage is still a likely outcome, the legislation may face rigorous debate and require negotiation to address concerns about fairness and the operational impact on both media businesses and digital platforms.
Experience from the first iteration of the Code highlights several lessons.
Notably, there is a clear need for greater transparency in how deals are negotiated and payments distributed to ensure fairness and public trust.
While it is critical that the major players in the media landscape are compensated for their extensive content, the Code must also better cover smaller, independent, and regional publishers, who risk being left behind in negotiations.
PIJI has always argued that regulation in this space needs to carefully balance constructive relationships with major players while addressing the diversity and sustainability of the broader media ecosystem
The situation is further complicated by the current global trade negotiations being driven by the Trump administration. Australia will be mindful that it maintains its resolve to enforce the Code in needs to diplomatically manage relations with the US, ensuring that national interests in media diversity and public interest journalism remain paramount.
Australia’s assertive regulatory stance has drawn criticism from US tech companies and political figures, with claims that the Code imposes a “coercive and discriminatory” tax on American digital platforms. The Trump administration considered retaliatory tariffs in response to these policies.
While these international pressures are significant, the Prime Minister has made it clear that Australia will not back down on protecting its media landscape.
Credible, accountable and diverse journalism is an essential part of a modern democracy – it is vital in keeping communities informed and holding those with power to account.
PIJI looks forward to working closely with Anika Wells, the newly appointed Communications Minister, who inherits the responsibility for implementing the government’s strengthened news bargaining incentive. PIJI will also continue to advocate for evidence-based policies that ensure a sustainable independent news media environment.
Note: A previous version of this piece incorrectly stated Independent Senator Jacqui Lambie would not be returning to the Senate.