The multi-million dollar lawsuit against Facebook for unfair competition in Spain is underway.

BarcelonaMore than €550 million is the amount sought by some eighty media outlets associated with the AMI in a lawsuit filed against Meta—the company that owns Facebook and Instagram—which is set to be heard this Wednesday. The Madrid commercial court is holding a hearing to determine the damages caused by the tech giant between May 25, 2018, and July 31, 2023, for using the personal data of millions of European users to build its hyper-targeted advertising business. This lawsuit joins the lawsuit filed by major television and radio networks—including Mediaset and Atresmedia—for the same events; in this case, they have a joint claim of €160 million.

EU law requires a legitimate legal basis to engage in this advertising profiling, but the AMI maintains that Meta has ignored this requirement, as demonstrated by several resolutions from European data protection authorities. In essence, it is considered that 100% of the company's revenue has been achieved through the massive and unauthorized use of users' browsing data, which has allowed the company to enjoy an unfairly obtained competitive advantage. According to the organization, which brings together news media from across Spain, including the ARA (Argentine National Association of Companies), these practices have "put its economic sustainability at risk."

The Spanish lawsuit has generated some repercussions. In France, for example, a similar model has been followed, and 67 companies (representing some 200 media outlets) have also sued Meta for similar practices. Furthermore, the French Competition Authority has launched a formal investigation into the company led by Mark Zuckerberg for abuse of position in the digital advertising market.

While waiting to see how the trial unfolds, the Association of Information Media is calling on public and private advertisers "to support safe, responsible media that respect citizens' rights, thus contributing to strengthening the sustainability of journalism and the democratic quality of Spain." The association's president, José Joly, explained that "Meta has built its dominant position in the advertising market by disregarding the regulations designed to protect the fundamental right to privacy of European citizens. Such behavior jeopardizes the survival of the media."

Irene Lanzaco, director general of the AMI, adds: "This case is not just a business issue: the protection of the rights of millions of European citizens whose data has been exploited without their consent is at stake. Defending a transparent and fair digital market is key to guaranteeing information plurality and the viability of the media compared to the media."