Norwegian court blocks the terms that would have handed the press to Meta's AI

Ten Norwegian media groups, from public broadcaster NRK to the NTB news agency, took their case to the Oslo District Court. On October 28, the court sided with them on a provisional basis: Meta cannot introduce in Norway the new terms for its Facebook and Instagram business accounts until their legality has been decided, NRK reports.

The U.S. group must also pay 1.2 million Norwegian kroner in legal costs, according to NRK. The proceedings were coordinated by the Norwegian Media Businesses' Association (MBL).

What did Meta's new terms provide for?

Meta changed its commercial terms on October 8, with entry into force planned for October 30, according to Euronews. They apply to all business accounts: media outlets, companies, merchants. According to the plaintiffs, the terms would have allowed Meta to collect articles, photos and videos, including content behind a paywall, to develop its AI products. The only way to opt out: delete your account.

We previously covered these terms from the advertisers' point of view. Facing a backlash from European publishers and reservations from competition authorities, Meta then postponed their application to November 20, according to Euronews.

Why did the court side with the media?

According to NRK, the court considers that media outlets risk losing control over content built up over many years. According to MBL chair Lene Eltvik Vindfeld, it also took into account Meta's dominant position and the unreasonable nature of the new terms. The media are asking that Meta respect their refusals of data collection, notably in the robots.txt file, and that any use of journalism for AI go through negotiated agreements.

“We cannot accept that Meta dictates the terms of public access,” Lene Eltvik Vindfeld said. For Olav A. Nyhus, NRK's chief legal officer, the decision “sends an important signal to all the tech giants.”

Meta's response

A spokesperson told NRK that the company wants to “do things properly.” Meta says it does not want to change its terms without extensive consultation with industry organizations, which could extend beyond November 20; the introduction would then be postponed.

What about French businesses?

The ruling applies only in Norway, but the new terms concern all business accounts. If your company has a Facebook or Instagram page, review Meta's commercial terms before November 20 and check what your robots.txt file allows. It remains to be seen whether other European publishers will take the same route.