BRUSSELS, July 10 (Reuters) – EU member states can implement national measures to bolster publishers' bargaining power against major online platforms, provided these rules do not infringe on contractual freedom, an adviser to the EU’s top court stated on Thursday.

The European Court of Justice (CJEU) is adjudicating a conflict between Meta (META.O), the parent company of Facebook, and Italy’s communications regulator, AGCOM. The dispute centers on fees Meta must pay Italian publishers for using snippets of their news content. Meta had challenged whether such national rules align with EU copyright law, which already grants publishers certain rights.

However, CJEU Advocate General Maciej Szpunar argued that EU legislation aims to do more than simply let publishers block unpaid use of their content. The goal, he said, is to set fair usage terms and ensure publishers receive a reasonable share of revenue generated by platforms.

"These measures support a public interest endorsed by the EU: reinforcing the financial sustainability of the press, a cornerstone of democracy," Szpunar noted.

Meta responded that it awaits the court’s final ruling but maintains that Italy’s approach disrupts copyright uniformity in the EU. "Fragmented regulations hinder innovation and create instability," a Meta spokesperson said.

Szpunar emphasized that AGCOM’s powers—such as setting remuneration benchmarks and resolving disputes—must respect contractual freedom, acting only in a supportive role.

The CJEU, which typically follows the advocate general’s advice, is expected to issue its decision in the coming months.