The Polish Office of Competition and Consumer Protection (UOKiK) has launched an investigation into Meta, the parent company of Facebook, following recent changes to how content from Polish publishers is displayed on the platform.
The UOKiK, led by President Tomasz Chróstny, is examining whether Meta’s modifications to content display could represent an abuse of its dominant market position. This move follows concerns that the changes, which limit posts linking to news articles to only a hyperlink and headline, may have negatively affected the visibility and engagement of journalistic content.
Meta’s Market Influence Under Scrutiny
Facebook has become a critical distribution platform for news publishers, with many users turning to the social media giant for current events from Poland and the surrounding region. By altering the format in which news articles are presented—previously shown with graphics and text previews—Meta’s decision has potentially reduced reader engagement and led to fewer article views. According to President Chróstny, the explanatory proceeding aims to determine whether Meta’s practices violated competition and consumer protection laws by leveraging its dominant position in a way that disadvantages publishers.
The investigation, however, is currently focused on the company’s practices rather than targeting any specific entity. Should the evidence support UOKiK’s concerns, formal antitrust proceedings will be initiated. Businesses found guilty of anti-competitive behavior in Poland could face fines of up to 10% of their annual revenue.
Connection to EU Copyright Directive
The changes implemented by Meta appear to be linked to Poland’s recent adaptation of the European Union’s Copyright Directive (DSM Directive), which was incorporated into Polish law in September 2023. This legislation guarantees publishers and content creators the right to negotiate compensation for their content used on digital platforms like Facebook. The directive aims to ensure that press publishers and audiovisual creators are fairly remunerated for the distribution of their work online.
Under the new law, if publishers and platforms fail to reach an agreement on compensation, a mediation process can be initiated, with the Polish Office of Electronic Communications (UKE) responsible for resolving disputes. The law is intended to provide a framework for fair negotiations, ensuring that digital platforms cannot exploit content without proper remuneration.
Meta’s Response to Polish Copyright Law
Meta has defended its actions, stating that the change in how articles are displayed on Facebook in Poland was a direct response to the country’s implementation of Article 15 of the EU Copyright Directive. According to Meta, this step was taken out of legal caution while awaiting clarification from the European Court of Justice, which is reviewing a similar case in Italy.
In a statement, Meta emphasized that news content does not constitute a significant source of revenue for the platform, representing less than 3% of the content viewed by users globally. The company also noted that feedback from users indicates they do not want political or news content to dominate their feeds. Meta further argued that Poland’s implementation of the EU directive goes beyond its intended scope, infringing on the freedom to contract and conduct business.
Broader Implications and International Disputes
Meta’s clash with Polish authorities mirrors similar disputes in other countries where the company has resisted compensation obligations for local publishers. In Canada, for example, Facebook completely blocked access to news content after the government imposed requirements for compensating local media. In contrast, Australia managed to avoid such a standoff through negotiations between the government, media outlets, and platforms. In Italy, Meta has challenged amendments to copyright law at the European Court of Justice, with proceedings still in the early stages.
The controversy in Poland highlights broader tensions between Big Tech and governments seeking to regulate digital platforms and ensure fair compensation for content creators. While Poland’s law aims to provide a balanced solution, Meta’s reaction—limiting the visibility of news content—has raised concerns that the company may be leveraging its market dominance to avoid compliance with the new regulations.
