The Court of Justice of the European Union, sitting as a Grand Chamber, delivered this Tuesday, May 12, a landmark judgment in Case C-797/23 opposing Meta Platforms Ireland to the Italian communications regulatory authority. For the first time, the Court rules on the interpretation of neighbouring rights of press publishers, established by the 2019 European Directive on copyright in the Digital Single Market.
The Société des Droits Voisins de la Presse (DVP) takes note of this decision with great satisfaction, while underlining that the effective implementation of these rights still needs to be strengthened.

A fundamental principle confirmed: no use without authorization

The Court sets out a clear principle: any use of press publications by a digital platform requires the prior consent of the news agency or press publisher.
Without authorization, there is no lawful use.

It also recognizes the ability of Member States to ensure the effectiveness of this right, by regulating the relationship between platforms and publishers, notably through:
● the obligation to negotiate in good faith;
● the prohibition of degrading the visibility of content during negotiations;
● the obligation of transparency regarding the data necessary to calculate remuneration;
● the possibility for an independent authority to set remuneration in case of failure.

The Court also takes a structuring step by affirming that freedom and media pluralism must be balanced against the freedom to conduct a business of platforms.
It recalls that a free press constitutes “an essential foundation of a democratic society”.

A major risk avoided for publishers

The judgment does not follow an interpretation that would have weakened the entire framework. The Advocate General had considered that a publisher posting its content on a platform could be deprived of its right to remuneration for all uses relating to that publication (display on user profiles, comments, shares, etc.).
Such an interpretation would have deprived related rights of their economic substance.

The Court did not adopt this opinion, and the general principle it sets out in paragraphs 60–61 of its decision goes in the opposite direction: any use of press publications requires prior authorization, with no exception based on the mode of publication.

A real legal step forward, persistent obstacles

While this ruling constitutes an important clarification, it will not, on its own, resolve the operational difficulties faced by news agencies and press publishers.
The effectiveness of related rights remains today hindered by:
● the persistent opacity of platforms
● the refusal to disclose usage data (audience, engagement, revenues)
● structural asymmetries in negotiations

“This ruling confirms a fundamental principle: platforms cannot use press content without compensation. As the Court recalls, the press is an essential foundation of our democracies. But a court decision is not enough: only a clear political will from Member States, particularly France, will ensure its effective implementation.”
Jean-Marie Cavada, Chairman of the Board of DVP

DVP considers that this ruling provides news agencies and press publishers, regulators, and Member States with robust legal tools.
It calls for coordinated European and national action to ensure the effective implementation of these principles, which is essential for the economic sustainability of the press and for maintaining media pluralism.

Press contacts
Eve Jouandin – eve.jouandin@gantzeragency.com / 07.88.39.61.16
Capucine Raud – capucine.raud@gantzeragency.com / 07.88.64.52.29