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UK Competition Regulator Opens Investigation Into Meta Terms That Could Open Publisher Content to AI Use
The UK's Competition and Markets Authority (CMA) opened an investigation on 30 October into Meta's new commercial terms. The terms could let the company collect content from publishers' websites and use it in products including AI features.
Contents
The UK's Competition and Markets Authority (CMA) has launched an investigation into Meta under the Competition Act 1998. At issue are revised commercial terms that, according to the regulator, could let the company collect content from publishers' and advertisers' websites and use it in its own products, including AI features, without giving them a way to object.
What the regulator is examining
The CMA will assess whether Meta is abusing a dominant position by imposing unfavorable terms on publishers and advertisers. According to the authority's statement, the new provisions could let Meta collect content from the websites of businesses that use its services. Meta could then use it to develop its own products, including AI features, and those businesses would have no say over whether or how that happens.
The regulator fears this could amount to an unlawful imposition of unfair trading conditions on thousands of UK businesses. The authority will first assess whether Meta holds a dominant position in a relevant UK market, and only then whether the terms constitute an abuse.
Where a company holds a dominant position, it must not use that position to impose unfair terms. - Sarah Cardell, Chief Executive of the CMA
Reaction from Meta and publishers
Meta originally planned to introduce the changes on 30 October. After talks with the CMA it moved the date to 20 November, and on 28 October it announced a pause in the rollout pending consultation with industry groups. According to Reuters, cited by The Next Web, Meta believes there are no grounds for the regulator to step in.
A company spokesperson said Meta has already committed not to change its terms without consulting publishers and other stakeholders. They added that the company welcomes the chance to explain its approach to the CMA.
The CMA acted on concerns raised by groups including the News Media Association and the Movement for an Open Web. According to The Next Web, European publishers also asked EU and UK authorities to block the terms before they took effect.
Similar disputes across Europe
The Next Web reports that in Norway a court temporarily barred Meta from enforcing the terms after a complaint from ten media outlets, which argued the terms threatened their rights to their content. In France, Meta lost an appeal against orders to negotiate with press publishers.
What happens next
The authority can close the case if it decides there are no grounds to proceed. If it provisionally finds an infringement, it can issue a statement of objections. The law also allows interim measures when swift action is needed to prevent significant damage.
Separately, the CMA is gathering information on Meta One, Meta's new business subscription, after the Federation of Small Businesses raised concerns about posting external links without a subscription. That issue falls outside the scope of the new investigation, and no decision on formal steps has been made. For Polish publishers, it is a sign that the dispute over the use of content in AI is playing out in parallel before regulators and courts in several countries.


