Observed Signal · Oct 20, 2026 · Policy Update · Source: DWDL · Impact: 4/5 · Sentiment: Negative
Publishers' Associations Attack Meta's New Crawling Clause
German publishers' associations BDZV and MVFP are strongly opposing Meta's new commercial terms, effective October 30, which allow Meta to automatically crawl, store, and analyze publishers' entire websites, including articles, archives, images, and videos, for commercial product development. The associations argue this violates the Digital Markets Act (DMA), particularly Article 6(12), and constitutes abuse of Meta's gatekeeper position and a prohibited tying arrangement. Despite the removal of explicit AI training language, they remain concerned that other AI uses like grounding and semantic search are still covered. They have formally requested the EU Commission to block or temporarily halt implementation, describing the terms as 'blatant theft' and calling for an injunction to prevent irreversible effects before the EU completes its review.
This is a direct challenge to Meta's market power and could set a precedent for how platform terms are regulated under the DMA, affecting publishers and advertisers reliant on Meta's platforms.
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Key Takeaways & Evidence Grounding
- Meta's new commercial terms take effect on October 30 and allow automated crawling of publishers' entire websites.
- BDZV and MVFP demand the European Commission block the clause, citing DMA violations.
- The associations argue the terms constitute abuse of market dominance and a prohibited tying arrangement under DMA.
- Explicit AI training language was removed, but other AI uses remain covered, causing ongoing concern.
- The associations call for an injunction to prevent irreversible effects before the EU completes its review.
Connected Companies & Entities
1 Entity mapped“Meta announced it would introduce new commercial terms on October 30, granting itself crawling rights over publishers' entire websites.”
Ontology Mapping & Concepts
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Publishers Push Back Against Meta's New Terms
The Swiss media association VSM is opposing Meta's new terms of service, which would allow the US tech giant to use journalistic content from publisher websites for AI training without explicit consent or compensation. The publishers are supporting a demand by the World Association of News Publishers (WAN-IFRA) to suspend the regulation, which takes effect on October 30. Despite Meta removing an explicit reference to AI training after criticism, the use of content for AI services remains possible. The VSM is urging the Swiss parliament to quickly implement a motion by FDP Councillor of States Petra Gössi, which calls for better protection of intellectual property against misuse by AI providers. Specifically, the motion aims to prevent AI providers from commercially using copyrighted content without the consent of rights holders.
Meta Removes Language on Scraping and AI Training
Publisher trade groups worldwide are pressuring Meta to alter its planned terms of service, effective October 30, that would allow AI scraping of their content. The initial provision enabled Meta to use content from business accounts' domains, prompting legal concerns. After backlash, Meta removed the contentious language from English terms but retained it in German. Despite declining referral traffic, publishers admit they cannot easily leave Meta due to reliance on it for audience engagement, branded content, and subscriptions, with Meta accounting for 3.47% of global publisher traffic in July 2026. They are considering regulatory actions, such as the UK CMA's Strategic Market Status investigation, to force change. Publishers argue they lack practical opt-out without losing audience access and worry about undermining AI licensing deals. Meta clarifies that web crawling remains governed by robots.txt and that publishers can block crawlers, but publishers contend this harms distribution.
Meta's new terms make advertisers liable for AI ad edits
Meta is updating its Commercial Terms effective October 30, 2026, introducing a new 'AI Features' section that makes advertisers solely responsible for AI-generated ad content, even if features are enabled automatically. Advertisers like Bookshop.org and agencies report unwanted AI modifications, such as added sitelinks and images, raising brand safety risks. Additionally, Meta faces regulatory scrutiny over AI content scraping. In other industry news, Axel Springer shows interest in a European TikTok spinoff, M6 launches a self-serve ad platform, Omnicom reports Q3 growth and plans acquisitions, Netflix cuts its ad forecast, The Trade Desk partners with Netflix, and ProSieben sells glomex.
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