European Press Publishers Welcome Landmark EU Court Judgment on Publishers’ Entitlement to Fair Remuneration

European Press Publishers Welcome Landmark EU Court Judgment on Publishers' Entitlement to Fair Remuneration

European press publishers warmly welcome today's judgment by the European Court of Justice in Case C-797/23, which upholds the right of Member States to require fair remuneration for the online use of press publications by service providers.

EMMA (European Magazine Media Association), ENPA (European Newspaper Publishers' Association) and NME (News Media Europe) find that this pivotal decision confirms that robust national legislation seeking to ensure fair compensation for publishers when their content is used online, fully aligns with EU law and the objectives of the Digital Single Market. The Court's ruling recognizes the vital role of press publishers in democratic societies and the need to support quality journalism in the face of rapid digital transformation and declining revenues.

Key Points of the Judgment:

• Member States may require online service providers to negotiate and pay fair remuneration to press publishers for the use of their content.

• Service providers can be required to provide the necessary data to calculate compensation and cannot limit the visibility of publishers' content during negotiations.

• National authorities, such as AGCOM in Italy, may be empowered to set criteria, resolve disputes, and enforce compliance, including through penalties.

This judgment strikes a fairer balance between the freedom to conduct a business and the rights to intellectual property and media freedom and pluralism. It strengthens the negotiating position of publishers, ensures transparency, and helps recoup investments in quality journalism.

Statement from European Press Publishers:

"We are encouraged by the Court's recognition of the essential contribution of press publishers to democracy and media pluralism. We ask European Member States to consider the implications of this ruling and support a fairer digital marketplace, ensuring that those who invest in professional press content and trustworthy information are justly compensated. We look forward to working with all stakeholders to implement these principles across Europe".

• EMMA

  The European Magazine Media Association, is the unique and complete representation of Europe's magazine media, which is today enjoyed by millions of consumers on various platforms, encompassing both paper and digital formats.

  https://www.magazinemedia.eu

• ENPA

  The European Newspaper Publishers' Association (ENPA) is the largest representative body of newspaper publishers across Europe. ENPA advocates for 14 national associations across 14 European countries, and is a principal interlocutor to the EU institutions and a key driver of media policy debates in the European Union.

  https://www.enpa.eu