An adviser to the European Union’s highest court stated on Thursday that EU member states have the right to implement their own measures to strengthen the position of news publishers in negotiations with large online platforms, provided these do not infringe on freedom of contract.
The dispute under review by the Court of Justice of the European Union (CJEU) involves Meta Platforms, owner of Facebook, and Italy’s communications regulator AGCOM. The case centers on a fee that Meta must pay Italian publishers for using snippets of their news articles.
Meta challenged whether national measures like Italy’s are compatible with rights granted to publishers under EU copyright law. However, CJEU Advocate General Maciej Szpunar argued that EU copyright rules aim not only to protect publishers from unpaid use of their content but also to ensure they receive a fair share of revenue generated by platforms.
Szpunar emphasized the public interest behind these rules, describing them as efforts to support the economic viability of the press, which he called “a key pillar of democracy.”
Meta said it will await the court’s final ruling but expressed concerns that Italy’s implementation of the directive undermines the goal of copyright harmonization in Europe. A Meta spokesperson warned that inconsistent legislation can hinder innovation and create uncertainty.
The adviser also noted that Italy’s regulator must respect contractual freedom. Szpunar said AGCOM’s powers—such as setting remuneration benchmarks, resolving disputes, and monitoring information—are acceptable if they serve only to assist and do not restrict the parties’ freedom to contract.
The CJEU is expected to issue its decision in the coming months, and it often aligns with the advocate-general’s recommendations.
