Meta business account terms delayed after Europe raises web scraping and AI data concerns

Meta said it was delaying new terms for business accounts after strong criticism. Media groups and open-web advocates argued the rules could let Meta take large volumes of online content. Critics also warned Meta could use that material to develop rival services. The terms were due to start on October 30. Meta said its existing terms stay in place for now.

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The planned update allowed Meta to use automated tools, including scrapers and bots. These tools could index, cache, analyse, collect, retrieve, or crawl business account domains and URLs. The terms applied to all business clients, even if they objected. They also did not require payment for extracted material. Critics linked the plan to possible AI products.

Meta business accounts terms face European legal and regulatory scrutiny

Opposition widened in Europe as regulators and courts stepped in. On October 28, a Norway court issued a temporary injunction against the terms. The move followed a request from 180 Norwegian media companies. The case had backing from the Norwegian Media Businesses Association MBL. Its members represent about 97 per cent of newspaper circulation.

"We are satisfied that the court has agreed with us that Meta holds a dominant position in the relevant market and that the new terms are unreasonable, said Lene Eltvik Vindfeld, MBL chair of the board.\"

The UK Competition and Markets Authority also acted on October 30. The CMA said it had opened an investigation into the conditions. It raised concerns about Meta requiring acceptance by news publishers and other content firms. \"The CMA is concerned that Meta requiring news publishers and other content businesses to accept these terms could amount to an unlawful imposition of unfair trading conditions, it said Friday.\"

Meta business accounts terms draw responses from Meta and US publishers

Meta argued the change did not alter its use of web crawlers. \"This update is designed to make sure were able to pull accurate information about products for sale on third-party websites when making on-platform ad and content recommendations, not about scraping news sites, wrote Meta spokesman Andy Stone on X on October 16.\" The comments followed a Nieman Journalism Lab report.

The Nieman Journalism Lab at Harvard University said the wording could support scraping news content. It said Meta could then use that content for AI products. Nieman Lab said it consulted three legal experts to review the terms. After that report, Meta removed the word train from the updated terms. Meta maintained the change was not about news sites.

In the United States, no lawsuits were reported in the material provided. Still, the Association of American Publishers urged Meta to drop the new terms. \"In putting forth these onerous terms of service Meta is implicitly acknowledging that permission is required for them to use creative works to develop and improve their products, said Maria A. Pallante, AAP president and CEO in a statement. But at the same time this mega-corporation is abusing its dominant market power by compelling such consent from any commercial user who connects to any of their platforms.\"

Meta said on October 29 that it was considering feedback. \"We care deeply about our partners and do not plan to make policy changes without a full consultation with industry groups and leaders, Stone posted on X.\" The update only covers business accounts. Separate rules already permit scraping public Instagram and Facebook posts. Those posts can train AI models.

Meta business accounts terms criticised as insufficient despite postponement

The Norwegian MBL said the delay did not address core concerns. \"This is about peoples access to trustworthy and critical journalism, Randi S. Ogrey, CEO of the Norwegian MBL, said in a statement. When the financial foundations of independent news media are weakened, media diversity and the democratic public sphere are at stake.\" The group said Meta’s assurances were not enough.

Ogrey listed three demands from Norwegian media. Meta should respect publisher objections to scraping in the terms. Use of journalism in AI products should need a separate voluntary deal. Payment should be included under that agreement. The group also said publishers refusing the terms should not be marginalised on Meta platforms.

The Movement for an Open Web, which complained to the CMA, welcomed the steps so far. It called the postponement and probe a major win. Still, it said tougher action was needed. \"Unless the CMA and other regulators make it abundantly and quickly clear that this sort of anti-competitive landgrab is not acceptable, then we will continue to see the tech giants throwing their weight around in this way, said Tim Cowen from MOW.\"

The European Commission said it had discussed the draft terms with Meta. It welcomed the delay in bringing them into force. Spokesperson Sara Simonini said the Commission would check compliance with EU law. She referenced rules on dominant market abuse and fair terms for gatekeepers. Simonini added the EU had asked some AI model providers about training data, under the 2024 AI Act.

The dispute has centred on how Meta can collect and reuse online material linked to business accounts. Courts and regulators in Europe have started testing the legality of the proposed terms. Meta has said it will consult industry groups before changes. Media organisations have continued to press for opt-outs, separate AI deals, and payment protections.

With inputs from PTI