The Court of Justice of the European Union (CJEU) has ruled that member states may allow press publishers to claim fair remuneration when they authorise online service providers to use their publications.
The judgement came in a case involving Meta Platforms Ireland’s challenge to an Italian Communications Regulatory Authority decision on criteria for determining fair remuneration for online use of press publications. Meta argued that the Italian framework conflicted with EU rules on publishers’ rights under the Digital Single Market copyright directive.
The CJEU found that a fair remuneration right for publishers can be compatible with EU law if the payment is consideration for authorising online service providers to use press publications. Publishers must also be able to refuse authorisation or grant it free of charge, and online service providers cannot be required to pay for it when they do not use the publications.
The ruling also says online service providers may be required to negotiate with publishers without limiting content visibility during talks and to provide data needed to calculate remuneration. The CJEU said such obligations may restrict the freedom to conduct a business, but appear justified where they help ensure fair negotiations and support EU objectives on copyright, media pluralism, and publishers’ ability to recoup investments.
The CJEU also found that powers granted to AGCOM to set criteria, determine remuneration in the event of disagreement, ensure compliance with information obligations, and impose penalties may be permissible if they support the effective implementation of publishers’ rights.
The final assessment remains for the national court, which must verify whether the Italian legislation satisfies the conditions identified by the CJEU.
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