Remuneration for AI Training: A New Source of Income for Journalists?

In: The Cambridge Handbook of Media Law and Policy in Europe, Cambridge University Press , 2026, pp: 433-464, ISBN: 9781009568159

Abstract

Generative AI systems threaten to usurp the market for human press and media productions. To enable journalists to act as ‘watchdogs’, highlight societal problems, and prompt necessary changes, remuneration rules should offer support for quality journalistic work by humans. In the EU, the rights reservation option following from Article 4(3) of the 2019 Directive on Copyright in the Digital Single Market – now flanked by the provisions of the AI Act – could support a remuneration system focusing on the use of human journalistic content for AI training. While AI training income would benefit media companies that own large repertoires of journalistic work, individual journalists might not receive an appropriate revenue share. This chapter suggests introducing a general output-based payment obligation on all providers and users of generative AI systems involved in media productions: both companies offering generative AI systems and companies using these systems in the media sector. Mandatory collective rights management could ensure payment directly to individual journalists, as in the repartitioning schemes of collecting societies. The remuneration could also finance funds that improve journalists’ working and living conditions. When distributing AI remuneration, social and cultural institutions could prioritise public interest journalism as a countermeasure to AI-generated misinformation and disinformation.

Artificial intelligence, Journalism, Media law, remuneration

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No News Is Bad News: The Role of Government in News Markets in the Age of Aggregators and AI

In: The Cambridge Handbook of Media Law and Policy in Europe, Cambridge University Press , 2026, pp: 385-397, ISBN: 9781009568159

Abstract

Welfare economic theory seeks the justification for government intervention in markets, in market failure, and in distributional issues. An analysis of the market failures that exist in a specific industry or market can not only provide justification for government regulation or other kinds of intervention in general, but it can also suggest which type of intervention or regulation is optimal from a welfare economic perspective. This chapter addresses the question of how the emergence of news aggregator platforms and the introduction of generative AI in news production have affected the market failures that constitute the core problem underlying private investment in news production. The focus of the analysis is on the public good character of news and the positive externalities of news production. The question addressed is: Have the consequences of these existing market failures become more prominent or have they been resolved by these developments? Based on this analysis, the chapter discusses how this informs policy concerning these developments.

Artificial intelligence, Government, Media law

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Big Tech’s Differentiated Lobbying: Analysing the Political Activity of Alphabet, Meta and Microsoft in EU Media Policy

In: The Cambridge Handbook of Media Law and Policy in Europe, Cambridge University Press , 2026, pp: 319-344, ISBN: 9781009568159

Abstract

By 2022, social media platforms had become more prominent access points to news than traditional news media platforms. Although news media also draw benefits from online platforms, they find themselves in an increasingly asymmetric relationship that appears to harm journalists and new media’s ability to generate revenues online. Remedying the uneven playing field between big tech and news media has been a recurring ambition of European media policy. In the context of literature on corporate political activity, this chapter investigates how three big tech companies, Alphabet, Meta and Microsoft, have positioned themselves in relation to EU policymaking that aims to strengthen the rights of journalists, news media and press publishers online. The chapter argues that while these big tech companies primarily seek to preserve their own business models and reputations, the media policy domain also reveals a split in their lobby narratives. Due to lower exposure to reforms in digital media policy, Microsoft has been less opposed to, and in fact has campaigned for, stronger protection for news media against digital platforms.

big tech, Media law

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European Media Policy Grounded in Fundamental Rights: Linking the Council of Europe and the European Union

Umek, U. & Drunen, M. van
In: The Cambridge Handbook of Media Law and Policy in Europe, Cambridge University Press , 2026, pp: 61-82, ISBN: 9781009568159

Abstract

This chapter explores the evolving interplay between the Council of Europe (CoE) and the European Union (EU) in safeguarding fundamental rights in the context of media policy. Both organisations have a long history in media policy, and both have extensively adapted their standards to counter recent threats resulting from digitisation and democratic backsliding. In this process the EU has significantly expanded its safeguards for fundamental rights, traditionally the CoE’s main focus. This convergence raises the possibility of conflict but also that of mutual reinforcement. In this chapter we first sketch the history of increasing convergence between EU and CoE media policy and provide an overview of each institution’s recent overlapping activities. We then argue for a closer relationship between the two institutions in the context of fundamental rights in media policy, focusing on the need for consistency between their respective standards, the normative guidance CoE standards can provide to the EU, and the practical implementation of fundamental rights standards EU enforcement can ensure. We close by suggesting ways in which a mutually reinforcing relationship between the two institutions can be operationalised through closer legal and organisational ties.

Fundamental rights, Media law, Policy

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Fundamental Rights Aspects of EU Media Regulation: Not Just an Act

In: The Cambridge Handbook of Media Law and Policy in Europe, Cambridge University Press , 2026, pp: 21-60, ISBN: 9781009568159

Abstract

This chapter traces how contemporary media pass through different regulatory zones and examines the different rules that govern each zone and how the zones relate to each other. It briefly charts the recent and ongoing evolution of the media, from analogue roots to generative AI futures, and notes the fundamental rights and regulatory ramifications of technology-driven innovations. It draws an analytical line from these conceptualisations through to the contemporary threats to media freedom that regulation urgently needs to address.

Fundamental rights, Media law, Regulation

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Rethinking European Media Law and Policy

In: The Cambridge Handbook of Media Law and Policy in Europe, Cambridge University Press , 2026, pp: 1-18, ISBN: 9781009568159

Abstract

This introduction outlines the key players, instruments and dilemmas that shape the overall framework of European media law and policy. Turning to the structure of the handbook, we will introduce and summarize the individual contributions addressing elements of the legal patchwork that together make up the body of regulatory interventions, policy rationales and underlying assumptions. Lastly, we will identify the overarching themes and trends that emerge from these essays, proposing improvements of regulatory responses and providing a compass for a principle-based, integrated approach to European media law and a more resilient media policy.

Media law

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The Cambridge Handbook of Media Law and Policy in Europe

Cambridge University Press , 2026, ISBN: 9781009568159

Abstract

This Handbook analyses pressing legal and policy issues that have arisen in the rapidly changing media ecosystem: from threats to media freedom and pluralism and the safety of journalists to challenges arising from the shift to platform-based communication, the spread of disinformation and the impact of AI on media and news production. Seeking to pave the way for new, integrated regulatory responses, the individual chapters address legal and policy developments from an overarching perspective that includes insights from human rights law, media law and copyright law. Following this holistic approach, the Handbook identifies common principles for a coherent regulatory framework for news and media in Europe. It evaluates existing laws and media governance institutions in light of the economic, technological and political challenges posed to the media sector. The individual contributions present new directions for an integrated approach to European media law and policy.

Media law

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Infrastructures of Media Freedom: Expanding Journalism’s Ethical Horizon

Digital Journalism, 2026

Abstract

This commentary argues that some technology choices are editorial and ultimately contribute to the quality of our public information ecosystem. Building on freedom of expression theory, I propose expanding the horizon of journalism’s professional ethics to also include the responsible selection of recommender systems, virtual agents, clouds, social networks, and generative AI tools—the very infrastructures of media freedom.

Journalism, Media law

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AI Hype in Journalism: Visibility, Power, and the Politics of Media Narratives

Dodds, T., Mine, N., Helberger, N., Guzman, A.L. & Diakopoulos, N.
Digital Journalism, vol. 14, iss. : 2, pp: 207-219, 2026

Abstract

Hype is a phenomenon that emerges from a set of practices rooted in the norms and narratives not only of journalism but of digital media and its algorithmic infrastructure more broadly, in the sociopolitical and cultural capital of technical expertise, and in the ambiguous and uncertain promises of a brighter future made by the world’s techno-elite. In this special issue, we explore media hype around AI functions as a pervasive system that is “sunk into and inside of other structures, social arrangements, and technologies” (Star, Citation1999, 381). We pay particular attention to how AI hype is embedded within journalism’s norms and narratives, labor politics, and the rhetoric of the tech industry. As the different articles in this special issue show, understanding AI hype as a systemic phenomenon conveys its power to shape narratives, practices, and regulations across layered systems of actors and networks, as well as its malleability by different stakeholders.

Artificial intelligence, Journalism, Media law

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Tussen vrijheid en begrenzing: een juridische blik op kunst en cultuur – Verslag van de VMC studiemiddag download

Mediaforum, iss. : 4, pp: 144-149, 2025

Abstract

Op 20 juni 2025 vond de studiemiddag van de Vereniging voor Media- en Communicatierecht (VMC) plaats in de Openbare Bibliotheek in Amsterdam. De editie stond in het teken van het spanningsveld tussen artistieke vrijheid en juridische begrenzing. In een tijd waarin kunst en cultuur wereldwijd onder druk staan, werd onderzocht hoe nationale en internationale rechtskaders omgaan met culturele expressie en de bescherming daarvan. De middag bestond uit twee delen. Het eerste deel richtte zich op kunst en cultuur in een krimpende maatschappelijke ruimte, het tweede op de verhouding tussen recht en literatuur.

Media law

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