The plan can’t solve without broader reforms to limit big tech.
Zoë Brown & Akshat Agarwal 23. *Intern at the Information Policy Lab; **JD Candidate at Yale Law School; “Sustaining Journalism, Sustaining Democracy: A Policy Guide on Platforms and the Press.” Institute for Technology, Law and Policy. https://itlp.law.ucla.edu/wp-content/uploads/2023/04/ITLP_PLATFORMS_AND_THE_PRESS.pdf
France’s experience with the Directive suggests that merely granting new rights to news publishers may prove ineffective without additional interventions that go beyond copyright – in this case strict antitrust enforcement. This requires governments and their agencies to be intentional (and often aggressive) about licensing negotiations, stepping in to address news publishers’ lack of bargaining power relative to powerful platforms, and compelling platforms to negotiate in good faith. However, it remains uncertain whether all member states share the political will of the French government to supervise and direct negotiations. It is worth noting that despite the deadline for national transposition being 7 June 2021, 13 out of 27 countries had not fully transposed the Directive into national law as of 19 May 2022.26 Thus, the effectiveness of additional ancillary rights remains dubious, without additional measures in areas such as antitrust and guidance for licensing processes to supplement them.