Japan: Adopted JFTC Report on News Content Distribution Inquiry

On 21 September 2023, the Japan Fair Trade Commission (JFTC) published its Report on the findings of its News Content Distribution market inquiry. The JFTC conducted a market study in response to changes in news consumption, particularly due to the increasing use of online platforms. The study primarily focused on transactions between News Platform Operators and News Media Operators. The Report highlights concerns about negotiations that could potentially negatively affect competition under the Antimonopoly Act. The JFTC notes that specific actions, such as requesting data disclosure, advocating for industry-related issues, or proposing changes to news portal layouts, are generally accepted practices. Additionally, copyright management service operators are permitted to negotiate license fees with news platform operators within specific regulatory boundaries. The JFTC's findings emphasise the importance of ongoing negotiations between News Platform Operators and News Media Operators to address competition, transparency, and fairness issues regarding remuneration. Furthermore, the JFTC plans to collaborate with relevant government agencies and international bodies, particularly regarding copyright matters and potential government interventions. The JFTC further intends to use new technologies such as data scraping and analysis to analyse the News Content Distribution on online platforms. Additionally, the JFTC stated that it will monitor the impact of emerging technologies, such as generative AI, on the news distribution market.