European justice backs demanding Meta pay media outlets for using their content

BrusselsNew setback for European justice against Meta. The Court of Justice of the European Union (CJEU) on Tuesday overturned the appeal filed by the parent company of Facebook and Instagram against Italian regulations that aim to oblige social networks and artificial intelligence services to pay compensation for feeding on and using content published by the media. "The right to fair remuneration for publishers of press publications is admissible," states the European court's ruling.

The ruling of the highest court in Luxembourg recalls that member states are not obliged to require social networks to pay copyright for the content they use. However, it also recalls that – as Italy has decided to establish –, a state regulation can be approved that makes it an obligation within the territory of the member state in question.

Furthermore, the resolution also points out that all media outlets have the right to negotiate the price of their content with artificial intelligence systems or social networks, even if they only use fragments of their content. "Publishers have exclusive rights to reproduce and distribute their press publications," the opinion states.

If the two parties do not reach an agreement, publishing companies can always refuse to let big tech companies feed on their material and profit from it. Moreover, the CJEU recalls that in no case can big tech companies punish media outlets that ask them for a higher price in terms of copyright or that refuse to let their content be used and, for example, give them less visibility.

Both Community authorities and those of various member states have issued various opinions in recent years aiming to oblige large tech companies to pay copyright fees and, therefore, to remunerate media outlets. Not long ago, at the end of last year, Spanish justice ordered Meta to pay 479 million euros to the employers' association AMI (Association of Information Media), which also includes ARA, because it considered that it had obtained a competitive advantage by including advertising on its social networks using personal user data that is protected by European regulations.