The Court of Justice of the European Union (CJEU) on Tuesday sided with Italy's communications regulator, finding that national measures requiring platforms to pay publishers for the online use of press content can be compatible with EU law.
At issue in the case was whether Italy's telecoms watchdog AGCOM had the power to set compensation that online platforms must provide to publishers when snippets of news articles are used. Meta Platforms challenged that national authority, arguing such measures conflicted with the rights already granted to publishers under EU copyright legislation. An Italian court referred the question to the Luxembourg-based CJEU for guidance.
In its ruling, the CJEU said: "The Court finds that a right to fair compensation for publishers is consistent with EU law, provided that that remuneration constitutes consideration for authorising their publications to be used online," the court said. The judgment affirms that, under certain conditions, remuneration ordered at national level can sit alongside EU copyright rules.
The decision forms part of a wider legal confrontation over the use of news articles and authors' work by large technology companies, including for purposes such as training artificial intelligence systems. The case underscores the broader copyright disputes that have prompted litigation against multiple tech firms, with the article noting related infringement actions involving Meta, OpenAI and Anthropic.
Meta said it would consider the ruling as the dispute continues in the Italian judiciary. "We will review the decision in full and engage constructively as the matter returns to the Italian courts," said a Meta company spokesperson.
The case is recorded as C-797/23 Meta Platforms Ireland (Fair compensation). The CJEU ruling clarifies that national compensation mechanisms may be permissible under EU law where they amount to remuneration for authorising the online use of press publications, but leaves implementation and further adjudication to the domestic courts.
Context and next steps
The legal question now proceeds back to Italy's courts, where the terms and amounts of compensation, and the precise legal mechanisms for ordering payment, will be assessed in light of the CJEU's guidance. The ruling does not itself set specific compensation levels, but it affirms the principle that national authorities may require remuneration under the conditions outlined by the court.