The EU Court Ruling Favors Italy: Platforms Must Pay Publishers for News

The Court of Justice of the European Union has dismissed Meta's challenges against the Italian system that governs fair compensation for newspaper publishers. According to the judges in Luxembourg, member states can recognize the right of publishers to receive remuneration when digital platforms use their journalistic publications online.

The case arises from the appeal filed by Meta against the regulation adopted by Agcom, which is tasked with defining the criteria for calculating the compensation due to publishers. The company argued that the Italian legislation was incompatible with the European directive on copyright and with the freedom of enterprise protected by the Charter of Fundamental Rights of the Union.

The Court clarified that compensation is legitimate if it represents the consideration for the authorization granted by publishers for the online use of their content. Publishers remain free to grant such use for free or to deny it altogether. At the same time, no payment can be requested from platforms that do not actually use journalistic publications.

Further Details on the Meta - AGCOM Ruling

The ruling also confirms the validity of the obligations set forth by Italian legislation. Platforms using news must initiate negotiations with publishers, avoid reducing the visibility of their content during negotiations, and provide the necessary information to determine the compensation. For the European judges, these measures achieve a balance between economic freedom, intellectual property, and the protection of media pluralism.

Agcom expressed great satisfaction. The president, Giacomo Lasorella, called the ruling a fundamental step for the future of publishing and for safeguarding constitutional values. Commissioners Laura Aria, Antonello Giacomelli, and Massimiliano Capitanio also emphasized the value of the decision in ensuring fairer rules in the relationships between platforms and information operators.

Similar satisfaction came from the Italian Federation of Newspaper Publishers and its president Andrea Riffeser Monti, who reiterated that journalistic content possesses economic and democratic value that must be duly recognized. Federico Mollicone also described the decision as important for the protection of copyright. Meta, in an initial reply, highlighted that no payment is provided in cases where a platform does not use news and announced that it will thoroughly review the ruling before continuing the confrontation in Italian courts.