An important signal for Member States: the ECJ has reinforced national discretion regarding ancillary copyright for press publishers.

On 12 May 2026, the Court of Justice of the European Union delivered a judgment in favour of press publishers and clarified that Member States may adopt rules under which press publishers are entitled to appropriate remuneration where they allow online service providers to use their press publications.

⚖️ Key points of the judgment: Meta Platforms Ireland (C‑797/23)

With this decision, the ECJ confirms that national systems designed to ensure fair remuneration for press publishers may, in principle, be compatible with EU law.

The background to the proceedings was an action brought by Meta against the Italian regulatory authority AGCOM, arguing that the Italian rules on remuneration for press publishers infringed EU law. However, the action was unsuccessful.

🔍 Legal background

On the basis of Article 15 of Directive 2019/790, the Court clarifies that national rules are compatible with EU law if they:

· provide for negotiations between publishers and platforms,

· prohibit any restriction on the visibility of content during these negotiations,

· and provide for transparency obligations regarding the data relevant to the calculation of remuneration.

Should platforms fail to meet their obligations, a regulatory authority may set out negotiation and remuneration criteria and impose sanctions in the event of a dispute.

Furthermore, publishers retain the freedom to authorise or refuse uses (including non-commercial uses).

💡 An incentive for Member States

The ruling goes far beyond the specific Italian case and appeals to all Member States. With this judgement, the ECJ sends a clear signal in favour of stronger national regulation of large online platforms and emphasises that press publishers are structurally in a weaker negotiating position vis-à-vis global platforms.

At the same time, the ECJ underlines the importance of coordinated measures at European and national level to ensure, through stronger protective mechanisms for press publishers, a fair balance between the platforms’ commercial freedom on the one hand and the protection of intellectual property and the freedom and pluralism of the media on the other.

🚀 Our goal

Mars-IP has been committed to defending press rights for years and would be happy to advise you on this matter.

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