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Top EU Court Weighs Meta’s Challenge to Italy’s News Compensation Rule

By  |  July 10, 2025

European Union member states are entitled to adopt national measures aimed at strengthening the negotiating power of news publishers when dealing with major online platforms, provided such rules do not interfere with the principle of contractual freedom, according to a senior legal adviser to the EU’s top court.

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    The opinion, issued Thursday by Advocate General Maciej Szpunar of the European Court of Justice (CJEU), comes amid an ongoing legal dispute between U.S. tech giant Meta and Italy’s communications regulator, AGCOM. The case centers around a fee that Meta is required to pay Italian news publishers for displaying snippets of their content, Reuters reported.

    Meta has contested the legitimacy of Italy’s national approach, arguing that the EU’s copyright directive already offers a harmonized framework across the bloc. According to Reuters, the company believes that Italy’s rules may contradict the directive’s aim to unify copyright laws within the internal market.

    However, Szpunar took a broader view of the directive’s purpose. He stated that the rights granted to publishers under the EU law are not limited to merely refusing the use of their work without payment. Instead, they are intended to allow publishers to secure a fair portion of the revenue that online platforms generate from distributing their content.

    Related: Meta Faces Potential Daily Fines Over EU’s Antitrust Concerns

    Per Reuters, Szpunar emphasized that these national measures pursue a legitimate public interest: ensuring the economic sustainability of the press, which he described as a fundamental component of democratic society.

    At the heart of the legal question is whether regulators like AGCOM can impose guidelines or facilitate negotiations between tech companies and media organizations without infringing on the parties’ right to negotiate freely. Szpunar clarified that such regulatory involvement is acceptable, provided it supports rather than replaces the freedom of contract.

    Meta responded by reiterating its position that inconsistent national implementations of the EU directive risk undermining innovation and legal certainty. “This case highlights the need for consistent legislation, as fragmentation stifles innovation and creates uncertainty,” a Meta spokesperson said, according to Reuters.

    The CJEU typically aligns with the opinions of its advocate generals, though the court’s final ruling is still pending and expected in the coming months.

    Source: Reuters