Mark Zuckerberg’s Meta Platforms has suffered a significant legal setback in Europe after the bloc’s highest court ruled that national regulators have the power to enforce compensation arrangements between online platforms and news publishers for the use of their journalism.
The Court of Justice of the European Union, sitting in Luxembourg, found in favour of Italy’s communications regulator, AGCOM, which Meta had accused of overstepping its remit by setting the price the social media group must pay for displaying snippets of press articles on Facebook and Instagram. The judgment is likely to embolden newspaper groups across the continent, including in the UK, that have long argued they are negotiating from a position of structural weakness against a handful of dominant American technology platforms.
“The court finds that a right to fair compensation for publishers is consistent with EU law, provided that that remuneration constitutes consideration for authorising their publications to be used online,” the judges said in their ruling.
Meta had argued that the Italian measures were incompatible with the rights publishers already enjoy under European copyright law, and that allowing national regulators to dictate commercial terms amounted to regulatory overreach. The company, which owns WhatsApp alongside its flagship social platforms, said it would study the judgment in full and “engage constructively as the matter returns to the Italian courts”.
For Britain’s beleaguered publishing sector, where regional titles in particular have been hollowed out over the past decade as advertising revenue migrated to Silicon Valley, the ruling will be watched closely. Although the UK is no longer bound by Court of Justice decisions following Brexit, Westminster has been drafting its own framework for compelling platforms to strike commercial deals with news publishers under the Digital Markets, Competition and Consumers Act. The European judgment provides political cover for ministers minded to take a firmer line.
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