Antitrust Laws Protect Independent Publishers from Media Collusion

The U.S. Department of Justice (DOJ) recently stated that antitrust laws are designed to safeguard the free exchange of ideas within the marketplace, specifically preventing mainstream media companies from collaborating to silence independent publishers. This stance was articulated in a statement of interest filed in a legal case.

The case involves independent publishers who claim that major media outlets colluded with large technology companies to suppress viewpoints that differed from their own, particularly regarding COVID-19 and political matters. The DOJ urged the court to dismiss the argument put forth by the mainstream media defendants, which suggested that antitrust laws were not applicable in protecting viewpoint competition within the news industry.

The DOJ emphasized that individual liberty and consumer welfare are significantly enhanced by viewpoint competition in the news market. Conversely, these benefits are diminished when such competition is restricted. The filing highlighted that news consumers value and seek diverse perspectives, and that Americans rely on viewpoint competition to prevent the misuse of market power and to ensure the free flow of information, which is essential for a functioning democracy.

The lawsuit, initiated in May 2023, was brought by the Children’s Health Defense, founded by Robert F. Kennedy Jr., along with Jim Hoft, the founder of Gateway Pundit, and other independent publishers. The suit alleges that mainstream news organizations, including the Washington Post and BBC, collaborated with platforms to exclude rival news publishers through the Trusted News Initiative.

The BBC established the Trusted News Initiative to allow partners to share information about high-risk disinformation, enabling prompt review of content by platforms and ensuring that publishers avoid inadvertently sharing false information. The lawsuit contends that claims labeled as "misinformation" by the Trusted News Initiative were not necessarily false, citing examples such as assertions about the origins of COVID-19 and the effectiveness of mask mandates.

Assistant Attorney General Abigail Slater stated that when companies exploit their market power to exclude independent voices and protect established media, they harm competition and threaten the free flow of information. The Antitrust Division, she added, will always uphold the principle that antitrust laws protect free markets, including the marketplace of ideas.