News media publishers invest significant time, money, and resources in producing high-quality journalistic content across a range of platforms that adheres to rigorous standards and ethics. We play a vital role in supporting democracy by delivering fact-checked information, holding those in power accountable, and keeping the public informed and engaged on the events shaping our society.

This high-quality journalistic content is used by tech companies to engage users and, in turn, capture valuable data for online advertising. Users who engage with news content tend to do so frequently, providing regularly updated data on a user’s current interests and intent. Platforms sell that data to advertisers without remunerating the parties who created the content that they are profiting from. The content produced by our members has a significant value to tech companies, but the lack of transparency and meaningful engagement by these companies has resulted in the absence of a realistic value being placed on the benefit of Irish news content to them and a refusal to share that value with news publishers.

EU Copyright Directive  – Article 15

The EU Copyright Directive, which modernises copyright law and provides a legal basis for publishers to negotiate with the platforms for use of their content, was transposed into Irish law in 2021. Article 15 of the Directive seeks to address the “value gap”—the discrepancy between the substantial revenue earned by Big Tech firms and the significantly smaller share received by the original creators of the protected work.

While NewsBrands welcomed the transposition of the Copyright Directive, it has voiced concerns that the transposing legislation here does not follow the example of other member states, who, informed by international developments and competition authority investigations, have introduced provision for good faith negotiations and arbitration as part of their transposition. 

If Irish publishers are to effectively exercise their rights in negotiations with platforms, similar mechanisms are needed here.  It is worth noting in this regard that it has been over three years since transposition and digital platforms’ engagement with publishers here is limited and inconsistent in terms of both binding agreements and receipt of offers that come close to reflecting a fair value for publishers’ content.  In many instances, no offer has even been made to them, nor has sufficient information been provided that could form the basis of good faith negotiations

A 2024 review of the Copyright Directive, with particular focus on Article 15 – Protection of press publications concerning online uses, by the Department of Enterprise, Trade, and Employment reported that “news publishers are of the united view that there has not been sufficient transparency from information society service providers in relation to key information on the direct and indirect benefits they enjoy from the use of news articles/content on their platforms”. The report also noted that “some information society service providers have requested press publishers to sign non-disclosure agreements around negotiations that have taken place which further adds to the lack of transparency”.

Legislative amendment is necessary

The Department’s report summarised the specific comments/proposals from news publishers.  Of those provided for, NewsBrands is specifically calling for the existing legislation to be changed to provide for the following:

• Binding rules on information/data sharing and providing for a mechanism for content to be independently valued in the event that parties are unable to reach agreement on its value.
• Mandatory arbitration where no agreement on the value of content is reached by a set date.
• A requirement for genuine engagement between information society service providers and news publishers in order to develop a meaningful and sustainable solution and clear and substantial payments to publishers.
• Once appropriate agreements are concluded, or rulings are made following arbitration, the payments to be made to news publishers should be backdated to the date of the transposition of the Copyright Directive, i.e., 12 November 2021

Read our response to the Department of Enterprise, Trade and Employment
consultation related to the Future of Media Commission Report, Recommendation 6-9, on the DSM Copyright Directive (EU) 2019/790 with particular reference to Article 15 – protection of press publications concerning online uses

NewsBrands Ireland response to copyright consultation Feb 2024

Read the Report on the Results of the Consultation related to the Future of Media Commission Report Recommendation 6-9 on the Copyright Directive (EU) 2019/790 with particular reference to Article 15 – Protection of press publications concerning online uses