Meta Business Terms: Tech Giant Halts Scraping Rules After Backlash

Meta has postponed the implementation of its new business account terms following a wave of protests from media companies and open-web advocates. The updated rules, which were set to take effect on October 30, would have granted the tech giant explicit permission to use automated software to index, cache, analyze, and collect data from the domains associated with business accounts. Critics argued the language gave Meta the right to scrape vast amounts of content without paying publishers, potentially fueling competing artificial intelligence services.

The dispute began when the Nieman Journalism Lab at Harvard University analyzed the proposed terms. The lab concluded that the text could be interpreted to allow Meta to scrape news sites and use that material to train its AI products. Three legal experts reviewed the documents at the lab's request. In response to the scrutiny, Meta removed the specific word “train” from the updated terms, though the company maintained the changes were intended to pull accurate product information for ad recommendations rather than to harvest news content.

On October 16, Meta spokesman Andy Stone addressed the controversy on X. Stone stated that the update was designed to ensure the company could pull accurate information about products for sale on third-party websites. He clarified that the move was not about scraping news sites. However, the Association of American Publishers in the United States called for Meta to drop the new terms, arguing that the company was abusing its dominant market power by compelling consent from commercial users.

Maria A. Pallante, president and CEO of the Association of American Publishers, issued a statement criticizing the new conditions. She noted that by presenting these terms, Meta was implicitly acknowledging that permission is required to use creative works. Pallante argued that the company was forcing such consent from any commercial user who connects to its platforms. No lawsuits have yet been filed in the United States regarding this specific update.

Regulatory action accelerated in Europe. On October 28, a court in Norway granted a temporary injunction at the request of 180 Norwegian media companies. The ruling suspended the new terms pending a full legal assessment. The case was supported by the Norwegian Media Businesses’ Association, whose member newspapers account for approximately 97% of Norwegian newspaper circulation. Lene Eltvik Vindfeld, chair of the board, said the court agreed that Meta holds a dominant position and that the new terms are unreasonable.

The U.K. Competition and Markets Authority announced on October 30 that it was starting its own investigation into the conditions. The regulator expressed concern that requiring news publishers to accept these terms could amount to an unlawful imposition of unfair trading conditions. Tim Cowen from the Movement for an Open Web, which initially complained to the U.K. authority, called the regulator's move a major win. He warned that without clear action from authorities, tech giants would continue to leverage their weight in the market.

The European Commission confirmed it had discussed the proposed terms with Meta and welcomed the postponement. Spokesperson Sara Simonini stated that the commission is committed to ensuring Meta's practices comply with EU law. Simonini noted that the law prohibits companies from abusing dominant market positions and requires gatekeeper companies to offer fair terms of use. The commission also asked unspecified providers of AI models to provide details about their training material under the EU's new AI Act.

Meta announced on October 29 that it was listening to feedback and that its existing terms remain in place for now. Andy Stone posted on X that the company cares deeply about its partners and does not plan to make policy changes without full consultation with industry groups. The Norwegian Media Businesses’ Association said it was not satisfied with the postponement. CEO Randi S. Øgrey stated that the financial foundations of independent news media are at stake if access to trustworthy journalism is weakened.

Norwegian media leaders outlined three specific demands. They want Meta to commit in new terms to respecting publishers' reservations against scraping. They require that using journalism in AI products happen only after a separate, voluntary agreement with payment. Finally, they insist that publishers who do not sign the new terms should not be marginalized on Meta’s social platforms. The delay allows regulators and publishers to negotiate these conditions before the rules take effect.