Denmark has joined one of the most significant European disputes concerning the relationship between online platforms and newspaper publishers. The government in Copenhagen has decided to support Belgium before the Court of Justice of the European Union, arguing that the outcome of the case could affect the future of the media market across the EU.
The proceedings concern Belgium’s implementation of Article 15 of the Directive on Copyright in the Digital Single Market (DSM). This provision, often referred to as the ‘press publishers’ right’, is intended to enable media organisations to receive remuneration for the use of their content by online platforms. However, the Belgian measures have been challenged by Streamz, Google, Meta, Spotify and Sony, who believe that the national regulations go beyond the scope of EU law.
The Danish government fears that a ruling in favour of tech companies could weaken the protection afforded to publishers not only in Belgium but also in other Member States. Therefore, during the hearing taking place on 6 and 7 July, Danish representatives are calling for a clear definition of the scope of publishers’ rights and the platforms’ obligations towards the media.
Danish Culture Minister Zenia Stampe leaves no doubt as to the government’s position. “Ultimately, this hits the Danish media hard and damages our democracy,” she said, having previously emphasised that tech giants should not be able to use media content without paying for it.
However, the issue extends beyond the media market itself. The Court’s ruling could set an important precedent for the interpretation of the DSM Directive and determine how far Member States can go in implementing EU copyright legislation. For publishers, this will signal whether Europe is genuinely strengthening their negotiating position vis-à-vis the largest digital platforms. For technology companies, the outcome of the proceedings may, in turn, mean new financial obligations and the need to change the terms of their cooperation with the media.
The dispute also forms part of a wider debate on relations between the technology sector and content owners. Denmark is also involved in another case concerning the use of press material to train artificial intelligence models, which shows that issues of copyright and remuneration for creators are becoming one of the key themes of European digital policy.
