Italia is right: Meta will have to pay publishers for online content

Yes from the European Court of Justice to fair compensation to publishers for the online use of journalistic content. The ruling came in the case brought by Meta to challenge the Italian regulations hinging on the criteria outlined by the Communications Authority for the payment of fair compensation for the digital use of editorial content. For Meta, the Italian regulation violates the European framework on publishers' rights in the single digital market. The case was brought before the Regional Administrative Court of Lazio, which called on the EU Court to verify the compatibility of the Italian regulations with EU law.

The Court, in line with the conclusions of the Advocate General, held that the right to equitable remuneration for publishers is compatible with EU law, provided that the remuneration constitutes the economic consideration for the authorisation of the online use of their publications. Publishers must also be allowed to refuse authorisation or, on the contrary, to grant it free of charge.

The obligations imposed on digital platforms to enter into negotiations with publishers, without limiting the visibility of content during this period, and to provide the data necessary to calculate remuneration, even if they restrict freedom of enterprise, are fully justified: they contribute to achieving the objectives of Union law to ensure the proper functioning and fairness of the market for copyright and to allow publishers to recoup their investments.

According to the Court, negotiation obligations aimed at determining an appropriate remuneration, which strengthen the protection of publishers, strike a fair balance between the freedom to conduct business on the one hand and the right to intellectual property and the right to media freedom and pluralism on the other.