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An adviser to the EU’s top court ruled on Thursday that individual member states are free to introduce rules aimed at strengthening publishers’ leverage when dealing with major online platforms like Meta, provided those rules do not trample on freedom of contract. The case in point is an ongoing dispute between Facebook, WhatsApp, Threads, and Instagram owner – Meta Platforms and Italy’s communications watchdog, AGCOM, over fees for using short excerpts of news articles. Meta questioned whether Italy’s national implementation of the EU copyright directive clashed with the rights publishers already enjoy under EU law. Court wants fairness in revenue sharing In his opinion, Advocate General Maciej Szpunar noted that the EU legislature intended more than just giving publishers a veto if platforms published their content without payment. Instead, the directive’s goal is to set clear ground rules for usage and make sure publishers secure a fair slice of the money platforms earn from sharing their materials. “Their purpose is to establish the conditions under which those publications are actually used, while allowing publishers to receive a fair share of the revenues derived by platforms from that use.” – Advocate General Maciej Szpunar. “The limitations introduced pursue a public interest recognised by the EU legislature: strengthening the economic viability of the press, a key pillar of democracy,” he wrote, emphasizing that the measures seek to bolster the press’s financial health, a vital component of a democratic society. Szpunar highlighted that these limitations serve a recognized public interest; they aim to shore up the press’s economic viability. Without robust newspapers and news sites, citizens risk losing a key watchdog over governments and businesses. The adviser insisted that publishers should be able to negotiate payment terms that reflect the real value of their journalism, ensuring they’re not left empty-handed while platforms profit…

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Filed under: News - @ July 10, 2025 5:27 pm