Matters to consider in arbitration, etc.
(1) In making a determination under subsection 52ZX(1) (including in complying with subsections 52ZX(7), (8) and (9)), the panel must consider the following matters: (a) the benefit (whether monetary or otherwise) of the registered news business’ covered news content to the designated digital platform service; (b) the benefit (whether monetary or otherwise) to the registered news business of the designated digital platform service making available the registered news business’ covered news content; (c) the reasonable cost to the registered news business of producing covered news content; (ca) the reasonable cost to the designated digital platform service of making available covered news content in Australia; (d) whether a particular remuneration amount would place an undue burden on the commercial interests of the designated digital platform service. (2) In considering the matters set out in subsection (1), the panel must consider the bargaining power imbalance between Australian news businesses and the designated digital platform corporation.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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