EU member states are allowed to establish regulations that enhance publishers' bargaining power with major online platforms like Meta, as long as they do not violate contract freedom.
The opinion above was raised in the dispute between Meta Platforms and the Italian communications authority (AGCOM) regarding fees for using short news snippets. Meta argues that enforcing Italy's copyright directive conflicts with publishers' existing rights under EU law.
MAIN CONTENT
Italy's regulations aim to ensure that publishers receive a fair revenue share from digital platforms.
Meta is concerned that the fragmentation of copyright law in the EU complicates cross-border operations.
Regulatory authorities must respect contract freedom to avoid undermining the original goal of the copyright directive.
How are publishers' rights protected under the EU copyright directive?
Legal expert Maciej Szpunar emphasized that the copyright directive not only grants publishers veto rights when content is used but also establishes clear principles to ensure they receive a fair share of revenue from content-sharing platforms.
"The directive aims to establish conditions for the use of publications while ensuring that publishers receive a fair share of revenue from platforms."
– Maciej Szpunar, EU legal expert, 2025.
According to Szpunar, these limiting measures reflect public concern: enhancing the economic sustainability of journalism – a crucial pillar of democracy. Without a strong press, the public may lose an effective tool for overseeing the government and businesses.
Why does Meta oppose the fragmentation of copyright law in the EU?
A Meta spokesperson stated that the company expects a unified ruling because the diversity of laws in member states creates legal challenges and barriers to innovation for cross-border digital services.
"The fragmentation of law among member states hinders innovation and creates legal uncertainty."
– Meta spokesperson, 2025.
Meta believes that the application of individual rules could lead to complex and conflicting liabilities for digital platforms. Therefore, the company proposes a uniform copyright law framework across the EU to ensure consistency and effectiveness.
How is contract freedom protected in this dispute?
According to expert Szpunar, the Italian communications regulatory authority (AGCOM) is only authorized to determine reference criteria for remuneration, resolve disputes, and oversee information provision if these rights do not undermine the parties' freedom to negotiate contracts.
He warns that abuse of power could undermine the directive's goal, which aims to protect the freedom to contract between publishers and digital platforms.
How could the final ruling of the EU Court of Justice affect the digital media industry?
The Court of Justice of the European Union usually follows the opinions of legal experts. The ruling on this case, expected in the coming months, will guide the future regulations on copyright protection and revenue distribution on digital platforms.
Publishers, platforms, and regulators across the EU are all keen to monitor whether individual measures like Italy's will be accepted, or if the EU will choose a legally unified model.
Comparison table of key positions on Italy's copyright directive and Meta
Italy's criteria (AGCOM) Meta Platforms Publishers' rights Enhance negotiations, ensure fair revenue Concerns about contract freedom and legal fragmentation Regulatory goal Improve economic sustainability of journalism Unify copyright law across the EU Scope of application National regulations under the EU directive Call for a uniform legal framework across the bloc
Frequently Asked Questions
Is the EU Court's ruling binding on member states? Generally, the rulings of the EU Court of Justice are binding on member states to ensure uniform law. Does Meta agree to pay publishers under Italian regulations? Meta is awaiting the final ruling and has stated that a uniform law is needed before enforcement. What is the purpose of the EU copyright directive? To protect publishers' rights, increase transparency, and ensure fair revenue sharing from digital platforms. What can AGCOM intervene in the agreement between publishers and Meta? AGCOM is only authorized to support, guide fee levels, and resolve disputes but cannot violate the freedom to contract. How will this dispute affect the journalism industry in the future? The ruling could set a precedent to promote copyright protection and increase revenue for journalism in the digital age.
Source: https://tintucbitcoin.com/meta-lan-can-truoc-phan-quyet-eu/
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