The federal government will not introduce the News Bargaining Incentive (NBI) legislation until after parliament's winter recess.
The draft legislation is designed to push digital platforms into commercial deals with Australian publishers, with a 2.25% levy imposed on their Australian revenues if no deal is reached.
SBS told AdNews the timing of the NBI's implementation was critical.
"The need for the News Bargaining Incentive is critical as existing agreements under the News Media Bargaining Code expire," said an SBS spokesperson.
"SBS would like to see the government introduce legislation as soon as practicable."
A Southern Cross Media Group spokesperson told AdNews the delay was disappointing, “but we are encouraged by the government's continued support of it.”
"The government is simply asking the digital platforms to pay for news content created by other companies. Quality news is vital for a diversity of voices in a healthy democracy.
“If digital platforms don't pay for the use of the news content they profit from, then journalism becomes unsustainable."
As reported by The Australian, Michael Miller, executive chairman at News Corp Australia, described the delay as "deeply disappointing."
"Every delay hits our industry hard. I've said previously, 2026 was shaping as a make-or-break year, and after waiting 2½ years since Meta walked away, further inactivity risks more belt tightening and fewer Australian stories — inevitably weakening our nation," said Miller.
AdNews understands Rebecca Costello, managing director at Guardian Australia, said the delay reflected a failure to prioritise the legislation.
"There is a clear need for trusted, independent journalism in Australia, so it is disappointing that the government has not prioritised the NBI legislation," said Costello.
"Further delay beyond the winter break will prolong uncertainty for publishers and weaken momentum behind a framework designed to support the long-term sustainability and diversity of public interest journalism.
"More broadly, the failure of large technology platforms to fairly compensate publishers for the value they derive from journalism remains a significant structural challenge to the sustainability of public interest news in Australia.
"High-quality journalism is expensive to produce, yet it creates substantial value across digital platforms and digital ecosystems,” she said.
AdNews understands Matt Stanton, Nine Entertainment CEO, said he was "hopeful" deals could be struck at the negotiating table.
"As one of Australia's largest content producers and major investor in premium local journalism, Nine has repeatedly said our strong preference is for technology companies to simply come to the bargaining table and reach deals for the fair use of our commercial property," he said.
Scott Purcell, co-founder at Man of Many, told AdNews the delay would quietly favour the platforms.
"Every month the legislation sits in limbo is a month the status quo holds, and the status quo is not working for independent publishers," said Purcell.
"Realistically, we expect very few deals, if any, will actually be struck under the News Bargaining Incentive. Meta has already shown it will walk rather than negotiate, and the incentive, as drafted, does little to change that.
"Google also does not want to set a precedent globally, so will likely pay the levy instead of striking deals with individual publishers. That makes the government's distribution methodology the part that genuinely matters now."
Purcell said the distribution methodology would determine whether independent publishers benefited at all.
"A clear cap on individual deals is essential, otherwise the big players take the payouts while the independents doing original journalism are left with nothing.
"It also has to be tied to actual journalism, with real transparency. The original code's deals were confidential, so secret that the government's own 2022 Treasury review said it was never given the details and could not verify where the money went.
"Former ACCC chair Rod Sims estimated around $200 million a year flowed to publishers, yet the newsrooms kept shrinking. Nine confirmed 85 publishing redundancies in 2024 and Seven flagged up to 150 roles as Meta walked away.
"In the same period News Corp, which authorised a US$1 billion share buyback the year the code took effect, spent more than US$400 million repurchasing its own shares. Money meant to sustain journalism cannot be allowed to quietly become buybacks and dividends.
"This time, funding must carry public reporting obligations: how many deals, their total value, who received them, and proof that it reached reporters.
"There is also a glaring loophole. The levy targets Google and Meta, but generative AI companies can train on every article we publish and dodge the bill entirely. AI needs to be brought inside the definition of search before this is legislated.”
Peter Kennedy, CEO at Country Press Australia said the further delays to the NBI were “incredibly frustrating.”
“Our industry needs certainty, and it needs the News Bargaining Initiative,” said Kennedy.
“The process to implement the NBI has been underway for a considerable amount of time, and news of further delays are incredibly frustrating for Country Press Australia and our almost 240 publisher members.
“By the government’s own admission, the News Bargaining Initiative was meant to be a priority, so this latest development is also deeply disappointing.
“Our independent local and regional publishers and the hyper-local public interest journalism they produce are the backbone of the communities we serve and this delay only adds to the considerable stress and frustration that have been our constant companions for too long.
“Country Press Australia is grateful to the federal government for the support publishers have received in the past couple of years.
“However, the reforms and initiatives our industry needs must also be enacted at a greater pace that goes some way to matching changes taking place in our industry."
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