The Court of Justice was seised in the context of an action brought by Meta against a decision of the Italian Communications Regulatory Authority (AGCOM). According to Meta, the Italian legislation establishing a regime designed to ensure fair remuneration for the online use of press publications infringes the EU framework governing publishers’ rights in the Digital Single Market.

The Court holds that the right to fair remuneration for publishers is compatible with EU law, provided that such remuneration constitutes the economic consideration for the authorisation to use their publications online. Publishers must also be able to refuse such authorisation or grant it free of charge. Conversely, no payment may be required from service providers that do not use those publications.

The obligations imposed on service providers to enter into negotiations with publishers, without reducing the visibility of the content during that period, and to provide the data necessary for calculating the remuneration, although they restrict the freedom to conduct a business, appear to be justified. They contribute to the objectives of EU law of ensuring the proper functioning and fairness of the copyright market and enabling publishers to recoup their investments.

According to the Court, such obligations, which strengthen the protection afforded to publishers, make it possible to strike a fair balance between the freedom to conduct a business, on the one hand, and the right to intellectual property, as well as the right to freedom and pluralism of the media, on the other.