Advocate General's Opinion in Case C-797/23 | Meta Platforms Ireland (Fair Compensation)
Advocate General Szpunar: Member States may adopt support measures to ensure the effectiveness of the rights of press publishers provided that such measures do not undermine freedom of contract
At the heart of the case is a challenge by Meta against a fee imposed by Italy's Communication Authority, AGCOM. Meta was arguing that Italy Communication Authority was going beyond the requirements imposed by the Directive.
Meta has gone against national implementations of the directive, including in France, Spain and Germany, now Italy claiming that the fragmentation of the rules hinders business in Europe. They argue that what is needed is an harmonised transposition of the directive.
However, Advocate General Szpunar says that the CDSM directive allows for additional measures that go beyond the Directive.
"The limitations introduced pursue a public interest recognised by the EU legislature : strengthening the economic viability of the press, a key pillarof democracy." he argues.
"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. Those mechanisms aim to restore a balance in a market characterised by a strong imbalance between platforms and publishers.§
The Court of Justice will provide a final ruling in a few months time.
Links to relevant articles:
EU Court Adviser Backs Italy’s Right to Make Meta Pay News Publishers - CXO Digitalpulse