The Competition and Markets Authority (CMA) is using powers that allow it to set bespoke rules for major tech firms that it deems to have “strategic market status”. Google, the world’s largest search engine, is one of those companies.
What has the CMA announced?
The CMA has imposed a set of “conduct requirements” on Google, which the tech firm must adhere to. It must allow publishers to block Google from using their content to power features such as AI Overviews and AI mode (an expanded version of overviews).
An AI Overview is an answer to a query, produced by the search engine’s Gemini AI model, that summarises material from news publishers and other websites to produce an answer. Publishers do not like this, arguing that over views dissuade users from clicking through to their content – and thus denying them readers and advertising revenue. Under the current set-up news publishers who allow their content to be listed in ordinary Google search results are defaulted into AI Overview responses as well. In other words, they will now be able to opt out from appearing in such responses.
Google will also be required to make sure that publisher content is properly flagged and attributed in overview results, using clear links to the material. Furthermore, Google must allow publishers to opt out of using their content to update models (the underlying technology that powers tools such as chatbots).
How will it affect publishers?
The CMA hopes this will give publishers greater leverage in content deals with Google, by forcing the company to seek permission to use their intellectual property. The CMA will wait to see how its first wave of interventions pan out before it decides whether to act further. This announcement at least signals a direction of travel.
Does this pave the way for publishers to make money from AI firms using their content?
There is still a long way to go. A mass boycott of AI Over views by publishers, in a bid to force Google’s hand, seems unlikely. But Google’s brand relies heavily on being the world’s central source of information.
Earlier this week, AG Sulzberger, the chairperson of the New York Times, revealed that the publisher has already spent $20m (£15m) on lawsuits against OpenAI and AI startup Perplexity over the use of its copyrighted content.
Publishers have seen dramatic falls in Google traffic to their websites, and therefore revenue, since their content was pulled into AI summaries.
However, they have not been able to negotiate AI content deals without jeopardising inclusion in traditional Google search, which has been central to online journalism since its inception.
Tim Cowen, co-founder of the Movement for an Open Web (MOW) and competition lawyer at Preiskel, believes the CMA’s move means publishers will now have the power to make…
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