Norwegian media groups seek court order to pause Meta AI terms

The legal challenge in Oslo

The Norwegian Media Businesses’ Association (MBL) announced that ten media organizations have petitioned the Oslo District Court for a provisional injunction. This legal move asks the court to pause Meta’s revised Commercial Terms before a full assessment of their legality can occur. The goal is to secure temporary relief while the judiciary determines if the terms violate existing rights.

The coalition includes prominent names such as NRK, TV 2, Schibsted, Amedia, Polaris, Aller, DN, Mentor Medier, NTB, and Hordaland Folkeblad. These organizations are joining forces to challenge the scope of Meta's updated policies. By seeking an injunction, they hope to prevent the terms from taking full effect while the legal dispute unfolds.

Meta originally announced these changes on October 8. The company had initially planned to roll out the new terms on October 30 but pushed the date back to November 20. Meta stated that this delay was intended to provide more time to explain the changes to various partners and stakeholders involved in the ecosystem.

Concerns over paywalled content

The core of the dispute lies in what the publishers allege Meta’s revised terms permit. They claim the new terms could allow Meta to collect various types of content, including articles, photographs, and videos. This collection would be used for various purposes, including the development of AI products.

A significant point of contention is the inclusion of paywalled material in this potential collection. The media groups argue that their premium content is being targeted for AI training without sufficient protections. They believe the current terms do not adequately respect the boundaries of their subscription-based models.

The coalition also expressed concern regarding professional accounts on Facebook and Instagram. They note that these accounts are often run by businesses and retailers who may not have the same level of control over their data. The publishers claim that, under the current terms, deleting an entire account is the only remaining way for a user to refuse the agreement.

Proposed safeguards for publishers

Beyond the immediate request for a court pause, the MBL has outlined three specific safeguards they want included in any agreement regarding AI use. The first is the contractual recognition of machine-readable copyright reservations. This includes the use of robots.txt, which is a standard file used to tell web crawlers which parts of a site they are allowed to access.

The second safeguard involves a separate and voluntary agreement for each media organization. These agreements would specifically cover the use of content for AI training or standalone AI products. The publishers want the terms of these agreements, particularly regarding compensation, to be open to negotiation on a case-by-case basis.

The third safeguard is a guarantee regarding platform reach and traffic. The media groups want a formal assurance that refusing an AI-use agreement will not result in a reduction of their organization's reach. They want to ensure that publishers are not penalized or excluded from the platform for choosing not to opt into AI training programs.

The path forward for Meta

As the Oslo District Court considers the request for an injunction, the situation remains in a state of transition. The media organizations are looking for a legal determination on whether Meta's terms overreach into their intellectual property. The outcome could influence how many other publishers interact with Meta's platform in the future.

Meta has already demonstrated a willingness to adjust its timeline to accommodate stakeholder feedback. By moving the rollout date to November 20, the company signaled that it is aware of the concerns raised by the industry. However, the legal pressure from the Norwegian coalition suggests that the conversation is moving from dialogue to litigation.

The resolution of this case will likely hinge on how the court interprets the balance between platform rights and publisher protections. If the court grants the injunction, it would provide a significant victory for the media coalition. If it denies the request, Meta may proceed with its rollout as planned, potentially changing the landscape for content creators globally.