BRUSSELS, July 10 (Reuters) - EU member states have the
right to impose their own measures to strengthen the position of
publishers in their dealings with large online platforms as long
as these do not undermine freedom of contract, an adviser to the
EU's highest court said on Thursday.
The European Union's Court of Justice (CJEU) is handling a
dispute between Facebook owner Meta and the Italian
communications authority AGCOM, over a fee the U.S. tech giant
has to pay publishers in Italy for using snippets of their news
articles.
Meta had questioned whether such national measures are
compatible with rights already granted to publishers under the
EU copyright legislation.
But CJEU Advocate General Maciej Szpunar said the rights the
EU had intended to give to publishers went beyond only allowing
them to oppose the use of their material if they were not paid
for them.
"Their purpose is to establish the conditions under which
those publications are actually used, while allowing publishers
to receive a fair share of the revenues derived by platforms
from that use," he said.
"The limitations introduced pursue a public interest
recognised by the EU legislature: strengthening the economic
viability of the press, a key pillar of democracy."
However Szpunar said the Italian regulator should keep in
mind contractual freedom.
"The powers conferred on AGCOM - including the definition of
benchmark criteria for determining remuneration, the resolution
of disagreements and the monitoring of the obligation to provide
information - are permissible if they are limited to assistance
and do not deprive the parties of their contractual freedom," he
said.
The court, which usually follows the majority of
recommendations by the advocate-general, will rule in the coming
months.
The case is C-797/23 Meta Platforms Ireland (Fair
compensation).