Australia Competition and Consumer Commission (ACCC) recently published their final report about the “Digital Platform Inquiry.” The whole report is long (more than 600 pages), so they issued an executive summary.. Questions to consider arising from the Final Report include: The Government is continuing to consider the Final Report in consultation with the ACCC to decide next steps in relation to each recommendation. Observers recognise that the impacts have been both good and bad – inviting the question as to what the proper balance is between encouraging innovation and promoting free services accessible to all Australians on one hand; and the potential detriments and responsibilities that should arise from successful digital platforms obtaining increased economic or social power and continuing largely self-regulated on the other. At a glance - what’s changed since the preliminary report? In releasing the Final Report, the Treasurer, the Hon. Preliminary Recommendation #11 - Unfair contract terms. Facebook and Google) to provide advance notice of the acquisition of any business with activities in Australia (and absent such commitment, consider other options). This inquiry would be conducted by the ACCC’s specialist digital platforms team, and will investigate issues such as ... Australian news media businesses and major digital platforms. Issues Paper . Recommendation 21: Prohibition against certain unfair trading practices The ACCC maintains this recommendation. Related Links: ACCC Digital Platforms Inquiry . The dominance of the leading digital platforms and their impact across Australia’s economy, media and society must be addressed with significant, holistic reform, according to the final report of the ACCC’s Digital Platforms Inquiry released today.. Globally, regulators are scrutinising digital platform M&A activities. Preliminary Recommendation #2 - Prior notice of acquisitions: Requests for large digital platforms (eg. Dominant firms, of course, have a special responsibility that smaller, less significant businesses do not have. The ACCC maintains this recommendation. What does that mean for me? Non-fungible tokens (NFTs) are not a new concept but the past 6 to 8 months has seen an explosion in interest and NFT minting volume has skyrocketed. This includes concerns around the reduced production of certain types of news and journalism which it considers important for the healthy functioning of the democratic process. There is also an additional recommendation for further work for the ACCC to revisit the applicability of the Consumer Data Right to digital platforms. Measures to better inform consumers and improve their bargaining powers when dealing with platforms, particularly in relation to how personal information and data is handled by platforms. Further rounds of Government consultation with other federal and international bodies, including studies on specific recommendations to better understand broader business and social impacts. It has released a Preliminary Report (10 December 2018) and published 124 responding submissions. The ACCC maintains a similar recommendation, however that it should be broader to encompass proactive investigation, monitoring and enforcement of issues in markets in which digital platforms operate. The objects of the Press Council, as stated in its constitution, are to promote freedom of speech through responsible and independent print and digital media, and adherence to … Digital Platforms Inquiry2 on 26 July 2019, following a Preliminary Report (December 2018). ... (ACCC) in its Final Report. The ACCC maintains this recommendation with respect to Google only: “Google should provide Australian users of Android devices with the same options being rolled out to existing Android users in Europe; that is, the ability to choose their default search engine and default internet browser from a number of options. Background. The Australian Government is conducting a public consultation on the ACCC report 3 from 1 August Inquiry into ad tech services and advertising agencies (Recommendation 5): A new 18-month ACCC inquiry into competition for the supply of ad tech and online advertising services by advertising and media agencies. Businesses that interact with digital platforms as an acquirer or supplier of services, businesses that rely on digital platforms for advertising or content views, or businesses that have in some way been disrupted by digital platforms will benefit from understanding whether and how the Report’s recommendations impact their dealings in relation to digital platforms. The Terms of Reference for the review of the Australian Curriculum scheduled for 2020 should include consideration of the approach to digital media literacy education in Australian schools. “consumer behaviour favours the use of incumbents, particularly those with strong brands”. While the ACCC does not consider the functions of digital platforms and news media businesses to be comparable in all 2 This article is an attempt to distil the 619 pages of the Report into ten key take-outs as relate to the findings and recommendations on competition. It was commissioned by the Australian government because of the recognition that That the OAIC develop an enforceable code of practice under Part IIIB of the Privacy Act which would apply specifically to digital platforms. Recommendation 14: Monitoring efforts of digital platforms to implement credibility signalling Recommendation 11: Tax settings to encourage philanthropic support for journalism They announced a 12 week public consultation process for all interested parties to provide their views on … The watchdog takes issue with Google's advertising monopoly, and wants to … The Law Council welcomes the opportunity to provide a submission to the Australian Competition and Consumer Commission (ACCC) in response to its Preliminary Report on the Digital Platforms Inquiry (Preliminary Report). Stable and adequate funding should be provided to the ABC and SBS in recognition of their role in addressing the risk of under-provision of public interest journalism that generates broad benefits to society. The ACCC on Thursday published a 222-page Digital Advertising ... for Australian consumers," the executive summary declared. It has focussed specifically on Google and Facebook (reflecting their size and influence) while noting that it has given attention to ensure the recommendations in the Final Report are adaptable to other digital platforms such as online market places (eg, Amazon). Recommendation 3 – changes to search engine and internet browser defaults. The Government has today released the ACCC’s Final Report following its inquiry into digital platforms. Page 4, annexure to submission by Faceboo k Australia Pty Limited to the Digital Platforms Inquiry dated 18 April 2018. %����
The program should be platform-neutral and administered at arm’s length from Government, with eligibility criteria designed by an independent expert committee. Published: 26 July 2019. Google back in ACCC's crosshairs, but this time under the guise of an 'ad tech' inquiry. (�
The ACCC has called for a Ministerial direction for this branch to conduct an ongoing extended public inquiry covering a period of 5 years with the power to compel information. The Inquiry formed part of a package of reforms to modernise and update Australia’s media laws. The Final Report’s recommendations focus on ensuring the process of competition and interactions with consumers and businesses are fair, transparent and accountable. Recommendation 13: Digital media literacy in schools An interim report will be provided to the Treasurer on 30 September 2020. The Inquiry has held the broad and active interest of people and companies across Australia (and globally), with submissions made by a range of interested parties including business, government entities, industry organisations, law societies, standards bodies, media companies, advertising companies, rights associations, academics and public advocacy groups as well as the primary objects of interest - digital platforms. The opaque operations of digital platforms and their presence in inter-related markets mean it is difficult to determine precisely what standard of behaviour these digital platforms are meeting.”. stream
The full 620-page report is here. Executive Summary 1. The Final Report broadly speaking endorses and builds on the recommendations in the Draft Report which go to consumer protection, competition, and privacy issues. A separate, independent government review to design a new, platform-neutral regulatory framework for news media organisations and content classification. Recommendation 2 – Advance notice of acquisitions. 12 In doing so, it disregards traditional tools of competition policy in favor of a much looser approach. PDF (1.06 MB) Listen to PDF. 2 Digital Platforms Inquiry – Final Report The ACCC considers that the regulatory frameworks governing media, communications and advertising also need to be addressed, as they do not allow competition on the merits. The Government has today released the ACCC’s Final Report following its inquiry into digital platforms.. Issues Paper . Online advertising makes up an increasing proportion of the total advertising spend in Australia, with Google and Facebook capturing more than 80 percent of growth in online advertising in the past three years. The Digital Platforms Inquiry has considered important issues for Australia’s increasingly data-driven economy and society. <>/Metadata 1538 0 R/ViewerPreferences 1539 0 R>>
2. Inquiry into ad tech services and advertising agencies (Recommendation 5): A new 18-month ACCC inquiry into competition for the supply of ad tech and online advertising services by advertising and media agencies. The importance of Australian companies being “cyber-prepared” and “cyber-resilient” in order to protect themselves, their information assets and their…, It’s Here! The ACCC considers that if a digital platform is unable to submit an acceptable code to the ACMA within nine months of designation, the ACMA should create a mandatory standard to apply to the designated digital platform. The framework should, as far as possible, be platform neutral, clear and contain appropriate enforcement mechanisms and meaningful sanctions. Terms of Reference. The Report specifically looks at the impact of digital platforms on consumers, businesses using these platforms to reach customers and news media using the platforms to disseminate their content. The ACCC recommends that designated digital platforms should each separately be required to provide a code of conduct to the Australian Communications and Media Authority (the ACMA) to govern their commercial relationships with news media businesses. A large part of this Inquiry has focussed on Google and Facebook. A follow-on inquiry by the ACCC or the new recommended regulatory authority, potentially in conjunction with other overseas regulators, that monitors digital platforms’ specific activity. The The Australian Government is conducting a public consultation on the ACCC … Office of the Australian Information Commissioner, Guide … Executive summary The analysis in the Australian Competition and Consumer Commission’s Prelimi-nary Report for the Digital Platforms Inquiry is inadequate in ways, most several notably: • It mischaracterises the relationship between changes in the economics of media advertising and the rise of digital platforms such as Facebook and Google. 3 0 obj
Preliminary Recommendation #4- Advertising and related business oversight This trend has led to a dramatic increase in regulatory enforcement activity globally. The ACCC’s Digital Platforms Inquiry report, released in July 2019, made 23 recommendations covering competition policy, consumer protection, data privacy and a range of media policy issues, including the impact of digital platforms on the production of quality journalism. Executive Summary The MFA welcomes the ACCC’s preliminary view that further government regulation Executive Summary We commend the ACCC on its ground-breaking work as part of its Digital Platforms Inquiry. Digital Platforms Inquiry2 on 26 July 2019, following a Preliminary Report (December 2018). In releasing the Final Report, the Treasurer, the Hon. Josh Frydenberg MP has indicated the Government’s broad support for the ACCC’s recommendations stating that “these companies are among the most powerful and valuable in the world. This article provides a high level summary of the key proposed changes and timelines that are being considered by the Australian Government. The ACCC report includes a total of 23 recommendations around a variety of concerns prompted by the market dominance of ‘digital platforms’ – namely, Facebook and Google. News Media & Digital Platforms Mandatory Bargaining Code, ACCC’s Final Report following its inquiry into digital platforms, US Department of Justice’s review into Big Tech’s market power opened on 24 July 2019, Non-fungible tokens (NFTs) can be more than art… but are they, The Data Availability and Transparency Bill 2020: What you need to, IOT Cybersecurity: more than stranger danger. On 12 December 2019, the Australian Government released its response to the ACCC’s final report for the Digital Platforms Inquiry (DPI Final Report). The ACCC's Digital Platforms Inquiry in July made a total of 23 recommendations that covered competition, consumer protection, privacy, and media regulatory reform. %PDF-1.7
The Digital Platforms Inquiry undertaken by Australia’s competition regulator, the Australian Competition and Consumer Commission (ACCC), during the period from December 2017 to June 2019 was one of the most comprehensive conducted to that time. The Report recognises digital platforms have delivered significant benefits to Australians – and their use can improve the quality of life. Executive summary The analysis in the Australian Competition and Consumer Commission’s Prelimi-nary Report for the Digital Platforms Inquiry is inadequate in ways, most several notably: • It mischaracterises the relationship between changes in the economics of media advertising and the rise of digital platforms such as Facebook and Google. How would increased regulation and oversight of digital platforms’ interactions in advertising, news and media industries affect the way I interact with these industries – whether within, or in relation to, Australia? The ACCC will revisit the applicability of the Consumer Data Right to digital platforms in the future. For example, the recent UK Competition Markets Authority’s “Online Platforms and Digital Advertising Market Study” announced on 3 July 2019, the US Department of Justice’s review into Big Tech’s market power opened on 24 July 2019, and the European Commission’s recent announcement that it will work closely with the US FTC on investigations of abuse of dominance by certain digital platforms. Related Links: ACCC Digital Platforms Inquiry . The ACCC spent 18 months on the Digital Platforms Inquiry, publishing its hefty final reportin July. Scams on digital platforms and other emerging issues. By business reporter Nassim Khadem However, it reiterates the sentiment of the draft report, which is an expectation that companies with substantial market power have special responsibilities: “The ubiquity of the Google and Facebook platforms has placed them in a privileged position. On 12 December 2019, the Australian Government released its response to the ACCC’s final report for the Digital Platforms Inquiry … Recommendation 15: Digital Platforms Code to counter disinformation One of the more significant recommendations to promote transparency and accountability is the recommendation for a new branch within the ACCC to specifically monitor and oversee digital platforms, including their algorithms and interactions with media companies and advertisers. If Google does not introduce similar options for Australian Android users by six months from the date of the Report, the ACCC will submit to the Government that it should consider compelling Google to offer this choice.”, Direction for future the ACCC work: data portability. The ACCC’s Inquiry to date 19 Structure of this report 19 Chapter 1: The rise of digital platforms21 ... that we are at a critical point in considering the impact of digital platforms on society. What does the wholesale amendment to merger laws mean for me and my M&A strategy, whether I’m an Australian target business, or a local or overseas acquirer? Recommendation 4: Proactive investigation, monitoring and enforcement of issues in markets in which digital platforms operate “The world has now recognised the impact of the digital platforms’ market power and the impact this has on consumers, news, businesses and society more broadly. Digital platforms and their interactions with news and media businesses. Breaches of the code would be dealt with by the ACMA. A regulatory authority should be tasked to monitor, investigate and report on whether digital platforms that are vertically integrated and meet the relevant threshold (>$100m p.a. Digital platforms with more than one million monthly active users in Australia should implement an industry code of conduct to govern the handling of complaints about disinformation (inaccurate information created and spread with the intent to cause harm) in relation to news and journalism, or content presented as news and journalism, on their services. Recommendation 16: Strengthen protections in the Privacy Act. Overall, the ACCC’s call to the Australian Government – and implied suggestion to governments further abroad – is to be more proactive in reacting to and anticipating the challenges that digital platforms may create. The Law Council has limited its comments to the ACCC’s preliminary recommendations Politics Crackdown on Facebook, Google looms as ACCC hands down its final report into digital platforms. … The key below identifies what has remained the same, varied or is new in the report: Measures directed to Google and Facebook’s market power. The Law Council welcomes the opportunity to provide a submission to the Australian Competition and Consumer Commission (ACCC) in response to its Preliminary Report on the Digital Platforms Inquiry (Preliminary Report). The impact of digital platforms on the consumption of news and journalism. Josh Frydenberg MP has indicated the Government’s broad support for the ACCC’s recommendations stating that “these companies are among the most powerful and valuable in the world. Scott Morrison MP, directed the Australian Competition and Consumer Commission (ACCC) to hold an Continuing national and world action will now follow.” You can read the 42-page executive summary into the final report here. The Digital Platform … CPS 234-like cyber security obligations: Is your company prepared? The terms of reference for this inquiry stated that the following matters must be taken into account: 2. The scope of such a prohibition should be carefully developed such that it is sufficiently defined and targeted, with appropriate legal safeguards and guidance. <>
The disruption of Australian media and the risk of underinvestment in journalism. In particular, we are concerned with the unregulated environment in which digital platforms currently exist and advocate for a considered approach to address issues of safety, democracy and to ensure economic prosperity. Debates on a legislative agenda for the recommendations. Digital platforms inquiry Final report & executive summary 26 July 2019 On 26 July 2019, the ACCC released its final report for the Inquiry, following the report being provided to the Treasurer. 1 0 obj
Digital platforms and news and media businesses. See our December 2020 update - It’s Here! The ACCC recommends that an inquiry into ad tech services and advertising and media agencies be held to consider issues of complexity and opacity of the services offered by suppliers involved in the ad tech supply chain, including advertising and media agencies. ACCC chairman Rod Sims released the preliminary report on digital platforms in Sydney on Monday. Moreover, digital platforms intervene in multiple markets, which are often interrelated. An independent regulator, such as the ACMA, should be directed to monitor the voluntary initiatives of digital platforms to enable users to identify the reliability, trustworthiness and source of news content featured on their services. News Media & Digital Platforms Mandatory Bargaining Code. Amend the Competition and Consumer Act 2010 to include a prohibition on certain unfair trading practices, such as change of terms of service without notice, dissuading consumers from exercising their contractual or legal rights, or inducing consent by very long contracts or providing insufficient time to consider them. For those joining late, on 4 December 2017 the then Treasurer Scott Morrison directed the ACCC to hold an inquiry into the impact of online search engines, social media and digital content aggregators (or digital platforms) on competition in the media and advertising services markets. Due to its broader scope than the Regional and Small Publishers Jobs and Innovation Package, which provided AU$20 million per year, the program should provide a greater amount of funding – totalling in the order of AU$50 million per year. Using AI to detect vulnerable employees and customers.
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