In its 12 May 2026 ruling opposing Meta and the Italian regulator AGCOM, the Grand Chamber of the 𝐂𝐉𝐄𝐔 confirmed that online platforms must fairly remunerate publishers for the use of their content. (case C-797/23, Meta v AGCOM)
Asked by Minted, our partner Mathilde Croze, head of Tech & Data practice at LERINS, sums up what is at stake:
“A plat form’s freedom to conduct a business does not entitle it to exploit protected content without fairly compensating rights holders“
By rejecting “freedom to conduct a business” as a shield, the Court directly reinforces French law: the Balanant bill, due before the Senate on 16 June, and the pending claims brought by publishers against Microsoft and LinkedIn.
🤖 Its reach goes well beyond the press. While the ruling does not directly address AI training, it establishes a key principle: requiring tech giants to compensate creators and publishers is not, in itself, incompatible with fundamental economic freedoms.
💡 “This decision lays a fundamental first stone in the coming debate over the right to exploit content to train generative AI,” notes Mathilde Croze.
The debate is only beginning but the legal foundation is now in place.
