European Union Court Rules Meta and Tech Giants Must Pay News Publishers for Using Their Content

The Court of Justice of the European Union (CJEU) has delivered a significant ruling strengthening copyright protections for news publishers across Europe, holding that European Union member states can require major technology platforms such as Meta Platforms to pay fair remuneration for using press content online.

The judgment was delivered in Case C-797/23, Meta Platforms Ireland v. AGCOM, arising from a challenge by Meta against Italian legislation implementing Article 15 of the EU Digital Single Market Directive. Meta argued that the Italian framework, which obliges online platforms to negotiate compensation with publishers, violated EU law and unfairly restricted its freedom to conduct business.

Rejecting Meta’s challenge, the CJEU ruled that member states are permitted to create systems ensuring fair compensation to press publishers, provided that such payments are directly linked to authorization granted for the online use of journalistic content. The Court clarified that publishers must retain the freedom to either refuse authorization or allow free use of their content.

Importantly, the Court held that platforms cannot reduce the visibility of news content during negotiations as a pressure tactic against publishers. It further observed that obligations requiring platforms to share revenue-related data and negotiate fairly are justified to maintain a balanced and functional digital copyright marketplace.

The ruling is expected to have major implications for social media companies and search engines operating across Europe, potentially requiring them to share a portion of advertising revenues with local media organizations. Legal experts believe the decision could reshape the relationship between digital platforms and news publishers while reinforcing media pluralism and intellectual property protections in the European Union.

The decision was issued by the Court of Justice of the European Union in proceedings involving Italy’s communications regulator AGCOM and Meta Platforms.