Legacy Media Can’t Conspire to Crush Independent Publishers, DOJ Argues

DAILY CALLER NEWS FOUNDATION—The U.S. Department of Justice indicated Friday that antitrust laws protect the marketplace of ideas, preventing mainstream media companies from colluding to shut out the voices of independent publishers.

The DOJ shared its views in a statement of interest filed in a case brought by independent publishers who allege mainstream media colluded with big tech to suppress rival viewpoints on COVID-19 and politics.

It urged the court to reject the suggestion by mainstream media defendants “that the antitrust laws play no part in protecting viewpoint competition in news markets.”

“To the contrary, individual liberty—and consumer welfare—benefit greatly from viewpoint competition in news markets and can suffer when that competition is reduced,” the filing states. “News consumers desire and demand diverse perspectives. Americans therefore vitally depend on viewpoint competition in the marketplace of ideas to limit the abuse of market power and ensure the free flow of information in our democracy.”

The Robert F. Kennedy Jr.-founded nonprofit Children’s Health Defense, along with Gateway Pundit founder Jim Hoft and several other independent publishers, filed the lawsuit in May 2023. It alleges mainstream news outlets like the Washington Post and BBC worked with platforms to exclude “rival news publishers” through the Trusted News Initiative.

The BBC founded the Trusted News Initiative to enable partners to “alert each other to high risk disinformation so that content can be reviewed promptly by platforms, whilst publishers ensure they don’t unwittingly share dangerous falsehoods,” according to the BBC.

Claims deemed “misinformation” by the Trusted News Initiative were not false, such as assertions COVID-19 was man made or that mask mandates do not prevent its spread, the lawsuit alleges.

“When companies abuse their market power to block out and deplatform independent voices and protect legacy media, they harm competition and threaten the free flow of information on which consumers depend,” Assistant Attorney General Abigail Slater said in a statement. “This Antitrust Division will always defend the principle that the antitrust laws protect free markets, including the marketplace of ideas.”

The BBC, Associated Press and Washington Post did not respond to a request for comment.

Originally published by The Daily Caller News Foundation.

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