Brazilian Court Prohibits Meta From Using Journalistic Content

The decision suspends the company’s new commercial rules and prohibits the unauthorized collection and use of content from associated vehicles, including for developing and training artificial intelligence systems.

The  São Paulo Court  granted this Tuesday (3) an injunction to the National Association of Newspapers  (ANJ), the Brazilian Association of Radio and Television Broadcasters (ABERT) and the National Association of Magazine Publishers  (ANER) in a lawsuit against  Meta. The decision suspends the company’s new commercial rules and prohibits the unauthorized collection and use of content from associated media outlets, including for developing and training artificial intelligence systems.

Judge Guilherme Madeira Dezem, of the  44th Civil Court of São Paulo, suspended part of Meta’s Commercial Terms, scheduled to take effect on November 20th. The new conditions would allow the company to use automated programs to access, copy, store, and analyze news reports, photographs, videos, and other content published on media outlets’ websites.

Brazilian court prohibits Meta from using journalistic content without authorization following legal action by ANJ, ABERT, and ANER.

The rules also linked continued use of the platforms to acceptance of these conditions. The authorization would cover materials published outside of  Facebook,  Instagram, WhatsApp, and Threads, including works protected by copyright.

The injunction compels Meta to maintain the accounts, pages, and tools of its associated media outlets fully operational, without any blocks, restrictions, or penalties for refusing the new conditions. The court set a daily fine of R$ 1 million for non-compliance, limited to R$ 100 million.

“The injunction is a very positive sign that there are limits to the abuse of economic power by a large digital platform. The Brazilian Justice system is proving to be a pioneer in protecting the rights of thousands of media outlets represented by the three media associations,” said the CEO of ANJ, journalist Marcelo Rech. “This historic injunction is a first step towards ensuring that platforms and AI models refrain from the improper appropriation of third-party content.”

In its preliminary injunction, the court pointed to evidence of copyright infringement and breach of contract. The decision emphasizes the need for authorization from the copyright holders for the reproduction and commercial exploitation of protected works. The injunction remains in effect until the final judgment of the case.