Oregon Senate debates constitutional concerns over Senate Bill 686 digital journalism funding

The Oregon Senate Committee on Rules convened on May 5, 2025, to discuss Senate Bill 686, which aims to establish a framework for compensating digital journalism providers by requiring certain online platforms to either pay a determined amount, enter arbitration, or donate to the Oregon Civic Information Consortium. The proposed dash 3 amendment modifies the original bill, mandating that 10% of the payments go to the consortium and 90% to the journalism providers.

During the meeting, concerns were raised regarding the constitutionality of the bill. Legislative Counsel representatives indicated that if challenged, a court would likely find the bill in violation of both federal and state constitutions, particularly regarding the takings clause. This raised significant debate among committee members, with some expressing strong opposition to moving forward without further legal clarity.

Despite the concerns, the committee ultimately voted to advance the bill with the dash 3 amendments to the floor for further consideration. Proponents argued that the bill addresses critical issues in the media landscape, particularly the economic disparities faced by local journalism in the digital age. They emphasized the need for legislative action to rectify the imbalance between large online platforms and content creators.

Opponents, however, cautioned against potential legal repercussions and the implications for taxpayers, suggesting that the bill could lead to costly litigation. They highlighted the risks of limiting access to information and the potential for platforms to withdraw from the Oregon market in response to the legislation.

As the bill progresses, it remains to be seen how these constitutional concerns will be addressed and what impact the legislation will have on the future of digital journalism in Oregon. The committee's decision marks a significant step in the ongoing dialogue about the role of technology in media and the need for equitable compensation for content creators.