This briefing highlights key details of whistleblower revelations about Facebook’s unprecedented tactical
response to the development of Australia’s News Media Bargaining Code in February 2021, and the
concurrent reforms that were made to the Code, all of which handed significant power to Facebook.
It appears that a piece of legislation created to require digital platforms and news businesses to
negotiate ‘in good faith’ was negotiated in extreme bad faith, directly resulting in a weaker Code and
worse deal for Australian journalism. It also undermined the federal lawmaking process. The
whistleblowers’ evidence squarely raises questions of civil and criminal liability for fraud.
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