I don't get what you're trying to say. If Google stops showing news from participants, but show news from non-participants (due to false negatives causing their algorithm to fail to identify those sites as news), would that not be obvious discrimination according to the above quote?
That just comes back to my original comment then. How do you determine what counts as "all news"?
You can't just use the list of "businesses participating in the code" because that's considered discriminatory and illegal under the new law. And if you decide using any other method, you risk accidentally classifying one of the "businesses participating in the code" as "not news" and showing it in search results anyway, which is also illegal under this law.
The best solution I can think of would be to use the list of businesses participating in the code as a starting point, and then add other non-participants through some other method. But then you run into a similar problem: what happens if you accidentally classify a non-participant as "not news" and they see a surge of traffic because they're one of the only news organizations in Australia that shows up in Google search results? Wouldn't that also be considered discriminatory and illegal under the new law, since that organization wouldn't have shown up in the results if they were a participant?
I'm fairly sure that Google already has algorithmic classification for "news" that's accurate enough for these purposes. If not, "is this a news article" is quite amenable to machine learning techniqes. All that's left is ensuring that registered news sources are definitely classified as news.
