As Google pulls news from search, fate of California Journalism Preservation Act is unclear

A week after Google announced that it would begin pulling some California news links from its search engine in response to a proposed state law that would require it to pay for linking to news content on its platform, the fate of that bill remains unclear.

Assembly Bill 886 passed with bipartisan support out of the California Assembly last year but stalled once it reached the Senate. Its author, Assemblywoman Buffy Wicks, D-Oakland, made the legislation a two-year bill, meaning it would be taken up in the legislative session this year.

Wicks was unavailable to comment on the bill. In a previous statement to The Bee, after Google announced its decision, Wicks said: “It’s about ensuring that platforms pay for the content they repurpose. We are committed to continuing negotiations with Google and all other stakeholders to secure a brighter future for California journalists and ensure that the lights of democracy stay on.”

When will AB 886 be heard?

AB 886 is sitting in the Senate Judiciary Committee, without a scheduled hearing, while lawmakers work with stakeholders to address concerns about the legislation.

Sen. Thomas Umberg, D-Santa Ana, who chairs the Judiciary Committee, said the bill could be heard sometime in June unless there is significant action on the measure sooner.

“This is a high-priority issue, I think, for the Legislature,” Umberg told The Bee in an interview.

No senators have spoken publicly in opposition to the bill.

Despite the legislation’s uncertain status, Google acted this month to remove California-based news links on its search platform for some users.

Meta, the parent company of Facebook and Instagram, also has warned that it would block news content on its platforms if AB 886 becomes law.

California Gov. Gavin Newsom, who will ultimately veto or sign the bill if it passes both houses, has also not publicly commented on the bill.

But when asked about Google’s decision to remove California news links from its search engine last week, he said, “We’re in conversations with the company you referenced. Let’s leave it at that.”

Impact of Google’s link removal unclear

It’s unclear how widespread Google’s link removal is. Google has declined to clarify how many people are affected or which outlets’ links are being removed from search results.

However, on Wednesday, public relations specialist Zan Dubin-Scott wrote on X that he was unable to access articles via Google on the websites of the Los Angeles Times or smaller local news outlets such as the Santa Monica Mirror and Yo! Venice!

In an April 12 blog post, Jaffer Zaidi, Google vice president for global news partnerships, called the proposed law a “link tax” that would be unworkable for the company.

“To prepare for possible (California Journalism Preservation Act) implications, we are beginning a short-term test for a small percentage of California users. The testing process involves removing links to California news websites, potentially covered by CJPA, to measure the impact of the legislation on our product experience,” he wrote.

Media groups push back against Google

In response to that decision, the California News Publishers Association and the News/Media Alliance, both sponsors of the bill, called on California Attorney General Rob Bonta, the U.S. Department of Justice and the Federal Trade Commission to investigate Google’s actions for possible antitrust violations.

“Because of these unknowns, there are many ways Google’s unilateral decision to turn off access to news websites for Californians could violate California laws,” the letter read in part.

Google spokeswoman Brianna Duff called that claim “baseless” in a statement to The Bee.

“We’ve long said CJPA isn’t the right approach, and we’ve taken a responsible and transparent step to prepare for its possible implementation,” Duff said.

Google collects billions of dollars in revenue from ads that accompany searches on its platform, including ads that accompany links to news articles.

The California News Publishers Association sent a letter to Wicks, on behalf of nearly 350 news outlets including The Sacramento Bee, urging her to continue fighting for the bill.

“Publishers and news outlets of all sizes stand united in our efforts to preserve journalism in California. Publishers and labor are united on this issue. Time is running out and the Legislature must act before more damage is done,” the letter reads in part.

McClatchy, the parent company of The Sacramento Bee, Fresno Bee, Modesto Bee, Merced Sun-Star and San Luis Obispo Tribune, is a supporter of the legislation.

Matt Pearce, president of the Media Guild of the West and a former Los Angeles Times reporter, also supports the bill. Pearce penned a column for the San Francisco Chronicle in favor of AB 886, writing that “the dream of the open internet is fading and being replaced by a surveillance-driven dystopia powered by free and low-paid labor.”

“The California Journalism Preservation Act is just the first of many bills that will be necessary to point out that this content-creation arrangement is unsustainable for workers — and also everyone else,” Pearce wrote.

AB 886 would lead to fragmented internet, critics say

Among those writing in opposition to the CJPA is the Internet Society, which was founded by a band of internet pioneers in the early ‘90s to ensure that it remains free and open for everyone.

In an open letter to Umberg, the Internet Society’s Natalie Campbell and John Morris wrote that “the CJPA’s goal to support journalism is an important one; however, it is unworkable to do so at the cost of splintering people and businesses in California and the United States from the greatest communications resource of all time: the Internet.”

The letter points to the impact that Canada’s Online News Act has had on that country, including Meta’s decision to block all sharing of news links on its platforms. The authors contend that Canada’s law was no boon to the journalism industry. Instead, Canadian news outlets have continued to lay off journalists en masse.

“Canada’s Online News Act provides a disturbing glimpse of the tangible impact of harming the Internet in Canada, preventing people from access to news, reinforcing the market power of big players (both platforms and news companies), and reducing jobs and investment into a news industry already in sharp decline,” the letter reads.

Pearce said that he hears the concerns voiced by the Internet Society but that they come too late.

“The libertarian paradise of the open internet is dying,” Pearce told The Bee.

Pearce is sympathetic to concerns about the fragmentation of the open internet, he said, but companies like Google “are doing an incredible job of fragmenting the internet on their own.”

Google’s action is a ‘demonstration’

Asked whether he views Google’s recent move to pull some California news links as a threat to lawmakers, Umberg said that the tech giant’s action is more like a “demonstration” that “you may need us more than we need you.”

The senator said the state can’t force a private entity like Google to include news articles in its search results.

“Our challenge is to find a spot where we can support credible journalism without causing the platforms to decide that they’re not going to display content,” Umberg said.