News Media Europe vzw, 35 Square de Meeûs 1000 Brussels, Belgium - BE0647900810
EU Transparency Register ID: 577812220311-81
3
7) Enforcing the press publisher right through binding arbitration: A harmonised framework for
negotiations is needed, based on:
i) A relevant contact point for copyright negotiations at technology companies;
ii) An obligation for platforms to share adequate data about the reuse of press
content and revenues derived;
iii) The possibility for binding arbitration, in the absence of agreements within a
certain timeframe;
We need a harmonised negotiation framework, ensuring that press publishers are treated on an equal
footing across Europe. To this end, remuneration talks should be backed by a competition tool, for
instance in the Digital Markets Act (DMA)’s alternative dispute resolution mechanism9. In Australia for
instance, the threat of arbitration led to the successful conclusion of 30 agreements in the first year
following legislation10. In comparison, in Denmark, despite the best efforts of the mediator, Meta and Tik
Tok refused to negotiate, which de facto stalled the work of the mediator. In Belgium and Italy where
arbitration exists, copyright laws are being challenged by platforms. A harmonised arbitration system
would bring legal certainty and support the enforcement of the DSM Directive.
8) Facilitating the creation of collective management organisations: In order to increase press
publishers’ bargaining power, the neighbouring right is largely managed collectively by existing or
new collective management organisations. While this process takes time, it has proved
particularly difficult in markets where press publishers do not have the resources to set up such
complex and innovative structures or where administrative red tape hampered any progress.
Collective management should be accessible for press publishers who need it. Therefore the
creation of CMOs should be facilitated by the regulators, while the administrative and accounting
obligations should remain reasonable.
Explanatory statement
Building on the work of the previous European Commission, News Media Europe’s objective is simple:
ensuring the economic viability and the availability of independent quality journalism. The role of a diverse
and free press is more important than ever. Europe's democracies are challenged. Disinformation and
influence operations are likely to grow in force and magnitude, assisted by new technologies, such as GAI
and social networks. A free and professional press is the most important tool to share credible information
and create fact-based public debates, that are essential to our democratic societies.
To ensure the economic viability of journalism, press publishers need better control over how to monetise
their intellectual property. Enforcing intellectual property rights remains a challenge. First, because tech
9 The European Commission could interpret the FRAND terms in order to establish some key principles (e.g.
transparency, data-sharing) and provide press publishers with stronger bargaining power vis-a-vis big tech.
10https://ministers.treasury.gov.au/ministers/stephen-jones-2022/media-releases/government-implement-all-
recommendations-news-media