Updated ,first published
Meta has launched a scorching attack on the Albanese government’s plan to force the world’s largest technology companies to fund Australian journalism, branding the proposed regime a “discriminatory tax built on a false premise” that will leave the media industry hooked on government handouts.
In a formal submission and accompanying blog post published overnight, the company that owns Facebook, Instagram, WhatsApp and Quest virtual reality headsets said it was “vehemently opposed” to the News Bargaining Incentive, the scheme designed to compel Meta, Google and TikTok into striking commercial deals with news publishers.
“Our position is clear: this law is poorly designed, grossly unfair, and will fail to deliver a diverse and sustainable news industry,” the company wrote. “Call it what it is: a discriminatory, retroactive tax targeting a handful of foreign companies while competitors offering comparable services face no equivalent obligation.”
The incentive, championed by Prime Minister Anthony Albanese, would apply a 2.25 per cent charge on the total Australian revenue of the three platforms, with the proceeds flowing to businesses that employ journalists. Companies can offset the charge by signing tax-deductible deals worth about 1.5 per cent of revenue . Treasury estimates the policy will deliver between $200 million and $250 million a year to local media, and the government wants it legislated this winter.
Meta’s central objection is the breadth of the levy, which captures “consolidated revenue attributed to Australia”. That definition sweeps up sales of its Quest devices and other products that the company says have nothing to do with news. The case for extracting money from social media, where publishers voluntarily post their content, was not supported by the evidence, the company argued, and extending that logic to virtual reality headsets and smart glasses was “indefensible”.
Asked at the announcement of the incentive about repercussions from the US administration, Albanese said: “We’re a sovereign nation and my government will make decisions based upon the Australian national interest”.
It’s a familiar fight: Meta walked away from its deals under the original 2021 News Media Bargaining Code in March 2024, arguing news held little commercial value for Facebook. The incentive was explicitly engineered to close the loophole that allowed it to do so, with the charge now applying regardless of whether a platform carries news at all.
When Canada passed similar laws in August 2023, Facebook decided to block news entirely rather than comply. The company claimed that after the move, daily and monthly active users on Facebook rose and time spent on the platform kept growing. It pointed to a broader shift in how people consume content, noting that short-form video now drives the bulk of activity, with Reels generating 140 billion daily views and video accounting for more than 60 per cent of time spent across Facebook and Instagram. Meta argues that its users come for creators and entertainment, not news.
In its submission the company also invoked trade law, arguing the scheme breaches the Australia-United States Free Trade Agreement by failing to grant American companies treatment “no less favourable” than local peers. That theme has been echoed by US business lobby groups, and the White House has described the policy as “foreign extortion”, though it has not yet imposed retaliatory measures.
Google, which has continued to honour and re-sign its existing deals covering more than 90 news businesses, faces a potential annual liability of about $202.5 million if it refused to strike agreements, against $33.75 million for Meta and $16.9 million for TikTok.
Industry lobby group FreeTV has urged Treasury to widen the net to include Microsoft and Apple, while a separate carve-out for Microsoft’s LinkedIn – which runs its own editorial team and news tab – has irritated the platforms already in scope. Former ACCC chair Rod Sims, who designed the 2021 code, called the apparent exclusion “strange”. With existing deals expiring within months, he warned, “the urgency is huge”.
with Nick Newling
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David Swan is the technology editor for The Age and The Sydney Morning Herald. He was previously technology editor for The Australian newspaper.Connect via X or email.
