Bill to Strengthen the Effectiveness of Neighboring Rights for Press Publishers and News Agencies

This French bill seeks to enforce the 'neighboring rights' framework established under EU Directive 2019/790, which obliges online platforms and digital communication services that display or distribute press content to fairly compensate publishers and news agencies. Despite the directive being transposed into French law in 2021, many major platforms—particularly large search engines and social media aggregators—have resisted or stalled negotiations with press organizations, leaving rights holders without meaningful remuneration. To address this enforcement gap, the bill grants ARCOM (Autorité de régulation de la communication audiovisuelle et numérique) expanded powers, including the authority to impose financial penalties on platforms that fail to engage in good-faith negotiations or refuse to comply with agreed or arbitrated compensation terms. ARCOM is also empowered to act as a binding arbitrator when parties cannot reach agreement, giving the regulator a direct role in setting remuneration conditions. The proposal is a response to persistent non-compliance by major digital gatekeepers, notably Google, Meta, and similar platforms, which have been found by French competition authorities to have violated neighboring rights obligations in prior rulings. This bill aims to close loopholes that allow platforms to delay, minimize, or circumvent payment obligations. If enacted, the law would represent a significant escalation of France's enforcement posture on press remuneration in the digital ecosystem, potentially setting a precedent for other EU member states facing similar compliance challenges.

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