CJEU Backs Italian News Publisher Compensation Rules Under EU Copyright Law

The Court of Justice of the European Union has ruled that Meta must comply with Italy’s framework requiring online platforms to negotiate with news publishers and provide fair compensation for the use of press content. The judgment confirms that EU copyright law does not prevent Member States from creating national mechanisms that support publisher remuneration and give regulators enforcement powers.

The case arose after Meta challenged rules adopted by Italy following the implementation of Directive 2019/790 on copyright in the Digital Single Market. Italy empowered AGCOM, the national communications regulator, to request traffic and advertising data from platforms, assist in negotiations between platforms and publishers, set benchmarks for fair compensation, and impose penalties for non-compliance. The rules also prevent platforms from reducing the visibility of publishers’ content during negotiations.

Meta argued that Article 15 of Directive 2019/790 protects press publishers’ rights but does not authorize a regulator-backed bargaining system with transparency duties and sanctions. The CJEU rejected that position. It held that Article 15 is intended to allow press publishers to authorize online uses of their publications and to obtain remuneration that helps recover the costs of producing journalism.

The Court also dismissed arguments that Italy’s system unlawfully restricts competition or the freedom to conduct business. It found that platforms hold key data needed to assess the economic value of press content, placing publishers at a structural disadvantage in negotiations. By requiring disclosure and preventing visibility restrictions during talks, Italian law seeks to correct that imbalance and protect the economic basis of a free press.