By Ana Beatriz Garcia
A São Paulo court has ordered Meta to stop using material produced by Brazilian news organizations without their permission. The ruling came Tuesday, after a lawsuit was filed by a coalition of associations that represent newspapers, news magazines, radio and television broadcasters.
(Photo: Marcello Casal Jr/Agência Brasil)
The order bars Meta from using articles, images and videos published by news outlets without their consent. Meta owns Facebook, Instagram, WhatsApp and Threads. The ruling also protects the outlets from penalties if they refuse Meta’s new requirements.
The National Association of Newspapers (ANJ), the Brazilian Association of Radio and Television Broadcasters (ABERT) and the National Association of Magazine Publishers (ANER) filed the lawsuit.
The groups challenged changes to Meta’s commercial terms. Under those changes, outlets would have to let Meta access the content on their own websites. Meta’s automated systems would be able to view, copy, store and process the material. Meta wanted to use that archive to train and feed its artificial intelligence. The new rules were set to take effect Nov. 20.
Meta cannot restrict outlets’ pages
The ruling also bars Meta from blocking or limiting the accounts, pages and tools of the outlets that the associations represent. Meta cannot sanction any outlet that rejects the commercial terms challenged in the lawsuit.
Judge Guilherme Madeira Dezem of São Paulo’s 44th Civil Court set a fine of R$1 million (about $183,000) per day if Meta disobeys the order. The accumulated fine could reach R$100 million (about $18.3 million).
Dezem said Meta has had difficulty complying with court rulings in other cases. He said the large fine is necessary because of Meta’s history of resisting court orders.
The preliminary injunction suspends Meta’s requirement that outlets grant permission to use their journalism in order to stay on its platforms.
Associations challenge use of press content
The associations said Meta’s proposed changes threatened outlets’ copyright protection and widened the imbalance between digital platforms and the companies that actually produce news.
They said news reports and other journalistic material result from professional work and investment by news organizations. They said technology companies must therefore respect the rights of those producers when they access and use the content.
In a joint statement, ANJ, ABERT and ANER said the ruling is important for protecting intellectual property and the economic conditions needed to sustain professional journalism.
Meta said it would not comment on the ruling.
This article first appeared in TVT News, was translated to English by Panamerican Dispatch with express authorization from its editor, and can be read in its original Portuguese here.