A São Paulo court has temporarily barred Meta from collecting or using journalism from member news outlets without permission, including to develop and train artificial intelligence systems. The injunction was granted to three Brazilian media groups: the National Newspaper Association (ANJ), the Brazilian Association of Radio and Television Broadcasters (ABERT), and the National Association of Magazine Publishers (ANER).
The ruling suspends parts of Meta’s new commercial terms, which were due to take effect on November 20. The terms would have allowed automated programs to access, copy, store and analyze articles, photographs, videos and other material on publishers’ websites—not just content posted on Facebook, Instagram, WhatsApp or Threads.
What does the injunction require?
The order applies to content from outlets represented by the three associations and bars its unauthorized collection and use. It also requires Meta to keep those outlets’ accounts, pages and tools working, without blocking or penalizing them for refusing the new terms. The judge set a fine of 1 million reais per day for violations, capped at 100 million reais.
The decision is temporary and will remain in force until the court reaches a final judgment. The judge cited indications of copyright violations and unfair contract terms, and said permission from rights holders is needed to reproduce and commercially exploit protected work. The injunction does not establish a final ruling on the underlying claims.
Part of a broader dispute
The ANJ described the decision as the first known ruling granted to a coalition of media associations against Meta’s new terms. It also noted that a Norwegian court had already temporarily suspended the same rules on October 28, following a case brought by ten media groups. The two rulings are preliminary; neither settles the dispute permanently.
The case comes amid broader scrutiny of technology companies in Brazil. Semafor notes that the country has nearly 180 million social media users and that, in 2024, Brazilian judges blocked X nationwide after Elon Musk rejected a Supreme Court order. It also reports that President Luiz Inácio Lula da Silva accused Meta of favoring his election challenger. Those political disputes form part of the backdrop, but the current lawsuit was brought by media associations over the use of publishers’ content.
Why it matters
For publishers represented by the three associations, Meta cannot use their covered material under the disputed terms while the injunction is in force, and they must not lose access to Meta’s services for refusing those terms. The court has not yet decided the case permanently, and the injunction does not resolve what rules will apply to other publishers.
