The Oslo District Court today prohibited Meta from implementing the changes to its commercial terms until their legality has been finally determined by the courts, according to the Norwegian Media Businesses' Association (MBL), which brought the case on behalf of ten Norwegian media companies including public broadcaster NRK, TV 2, Schibsted and Amedia. The order came one day after the association filed what Nieman Lab describes as the first known lawsuit against Meta over the terms, which have drawn complaints from publishers, trade bodies and politicians in Europe and the United States since mid-October.
The ruling landed shortly after Meta shifted its own position. Andy Stone, Meta's vice president of communications, said on X earlier today that the company would not change its policies "without a full consultation with industry groups and leaders," and that the consultation could run past November 20, the effective date Meta set on October 23. MBL has not published the court's written decision. Its account of the court's reasoning comes from the side that won, and neither MBL nor Nieman Lab reported any response from Meta to the ruling itself.
In Short
Meta wrote new rules for every business that uses Facebook and Instagram, and Norwegian news companies said those rules would let Meta copy their articles, photos and videos, even the ones behind a paywall, with no way to say no except leaving the platforms. A court in Oslo today told Meta it cannot switch the new rules on until judges decide whether they are legal. On the same day, Meta said it would talk to news industry groups first and might push the start date past November 20. For now the old rules stay in place everywhere, and in Norway a court order also stands in the way of the new ones.
What the court decided
MBL published its announcement today under the headline "Norwegian Media Companies Prevail in Court Against Meta." "The Norwegian media industry, acting collectively, has this week taken legal action to stop Meta's new terms of service. Today, the Oslo District Court ruled in favor of the industry," according to the association. The practical effect, in MBL's words: "This means that Meta is prohibited from implementing the changes to its commercial terms until the legality of those changes has been finally determined by the courts."
This is interim relief, not a judgment on whether the terms are lawful. Nieman Lab, citing NRK's reporting, described the order as blocking the terms from taking effect on November 20 until the court had assessed their legality. According to AFP, the court issued the order on an emergency basis without hearing from Meta. Swedish news agency TT reported that the suspension holds until the court examines whether the terms amount to an abuse of a dominant position under competition law.
Lene Eltvik Vindfeld, chair of MBL's board, described the decision through two findings she attributes to the court. "We are very pleased with this decision. This is extremely important for Norwegian media," she said. "We are satisfied that the court has agreed with us that Meta holds a dominant position in the relevant market and that the new terms are unreasonable. We are also pleased that the court recognizes that the alternative is that media companies risk losing control over editorial content built up over many years."
Those are a claimant's summaries. Without the written decision, there is no way to check how the court defined the relevant market, what standard of proof it applied at this stage, or how firmly it reached each conclusion. Because Meta was not heard, none of its arguments have yet been tested before the court.
The scope of the order is also unclear from the published material. MBL's announcement does not say whether the prohibition covers only the ten applicants, every Norwegian business using Meta's products, or anything beyond Norway's borders. NRK's own headline describes a temporary halt of the contested changes for Norwegian media houses, which suggests a narrower reach than MBL's general wording. "This sends a clear signal to Meta, and we hope they reconsider," the association added.
Ten companies, one association
The applicants, according to MBL, are NRK, TV 2, Schibsted, Amedia, Polaris, Aller, DN, Mentor Medier, NTB and Hordaland Folkeblad. Together they span the country's public broadcaster, its largest commercial broadcaster, the national news agency NTB, the business daily DN and the main newspaper groups, down to a local title. Nieman Lab describes MBL as representing "a coalition of major Norwegian news publishers, including the country's largest newspaper groups and NRK."
The timing was tight. Press Gazette reported the filing on October 27, when MBL asked the Oslo District Court for a temporary injunction to keep the terms from taking effect until the court decided whether they were legal. A day later, the court granted it.
Some of the same groups have confronted Meta before. Schibsted and Aller were among the three media groups that backed IAB Sweden's decision to expel Meta in March 2026, after the industry body's board ruled on March 11 that Meta's efforts against deceptive ads fell short.
The case against the terms
MBL's argument rests on what the terms would have allowed and on the absence of any way to decline them. "For Norwegian editor-controlled media, this would have meant that every article, every image, and every video, including content behind paywalls, could be scraped. There is no option to refuse. The only alternative is to delete the account and lose contact with Norwegian Facebook and Instagram users," according to the association.
The competitive objection is sharper. "We cannot accept that Meta dictates the terms governing the public's access to content. The concern is that the company will use this power to secure rights to journalistic content. The result is that Meta uses the media companies' investments to build AI services that compete directly with them. This is both unacceptable and anti-competitive," Vindfeld said.
MBL framed the dispute as wider than journalism. "This is about people's access to credible and critical journalism. When the financial foundations of independent news media are weakened, media plurality and the democratic public sphere are put at risk," the announcement reads. Vindfeld then extended the point to every business with a page on Meta's platforms: "But this really affects everyone. The terms impact every Norwegian business with a Facebook or Instagram page, from large corporations to the local newspaper or the corner shop that shares content on Facebook. Media companies are taking the lead because we have the most to lose and the resources to take on this fight."
The "delete the account" alternative is not theoretical, but it is not realistic for everyone either. Press Gazette reported that the Norwegian local paper Fjell-Ljom will leave Meta's platforms from January 1, while NRK's legal director said the broadcaster cannot leave because it has to reach audiences on Facebook and Instagram. That gap, between a small title that can walk away and a public broadcaster that cannot, is the dependence MBL's dominance argument turns on.
Meta's consultation pledge
Stone's statement on X, posted this afternoon, reads in full: "We've heard publishers' feedback on our proposed ads and business terms update. We care deeply about our partners and do not plan to make policy changes without a full consultation with industry groups and leaders. We're committed to getting this right, and as we expect this consultation could extend beyond November 20, in which case we'd delay implementation of the updated terms. Until then our existing terms remain in place."
Meta did not answer Nieman Lab's questions about which news industry groups and leaders it plans to consult. The statement gives no end date for the consultation, does not say the text of the terms will change, and does not mention crawling, paywalls or AI.
The pledge and the court order work in different ways. Stone's statement is voluntary, open-ended and global: until Meta decides otherwise, the existing terms remain in force everywhere. The Norwegian order is binding, and on MBL's account it holds until the courts have finally ruled, regardless of when Meta finishes consulting. Even a revised text, introduced after a consultation, would arrive in Norway with an injunction already in place. Whether that injunction would extend to a new version is a question the published material does not answer.
The sequence matters too. Nieman Lab reported that the court blocked the terms "shortly after" Stone's announcement. Hanaa' Tameez, the Nieman Lab staff writer who covered both, put it more bluntly in a comment on LinkedIn: "Just before the ruling came out, Meta said it would consult publishers on the terms!"
What the terms say
The dispute concerns the Commercial Terms and Self-Serve Ad Terms Meta published in October. When PPC Land first examined the incoming text on October 16, a new provision in Section 1 let Meta crawl business websites and use their content to train AI from October 30. The authorisation covers automated tools including scrapers, bots, spiders and crawlers, allows Meta to create test credentials to reach covered sites, and lets it access, index, cache, analyse and collect content from domains associated with a business's use of Meta's products. Under Section 7, continued use of Meta's business products after notice counts as acceptance, and neither version offers a partial opt-out from the crawling paragraph.
According to Nieman Lab, the proposed terms "would permit broad scraping of websites 'associated with' business accounts, and potentially allow Meta to use that scraped content to train its AI models, with no option to opt out." Meta later revised the text to remove the word "train." On October 18, a day after The Verge reported the removal, the UK English preview still contained the training sentence; by October 23, the purpose had been rewritten around advertising and business products.
On October 23, Meta moved the effective date of both sets of terms from October 30 to November 20. A Meta spokesperson told Nieman Lab the extra time would be used to "explain to our partners and stakeholders what's changing and what's not - including how Meta uses web crawlers and the fact that content owners will still be able to use robots.txt to signal preferences."
That promise has never made it into the contract. "No version of the terms has included language about respecting robots.txt preferences," according to Nieman Lab. The distinction is more than drafting. A robots.txt file is a request addressed to crawlers, not a licence, and publishers have argued since the terms appeared that a broad contractual right to collect content sits uneasily with a voluntary signal Meta says it will honour. The problem is sharper with a mixed-use crawler, where a single bot gathers content for several purposes and a site owner cannot block one use without blocking the others. MBL's complaint about paywalled content goes further still. Test credentials are the mechanism that could carry web scraping past a login, and the terms neither mention paywalls nor exclude them.
Publishers want contracts, not consultation
The European Publishers Council's response to Stone's pledge was conditional. "We welcome Meta's offer to consult publishers fully, and to delay implementation if necessary," Angela Mills Wade, the council's executive director, told Nieman Lab by email. "However, that consultation must lead to binding contractual safeguards."
She set out what those safeguards would need to cover. "Using Meta's services to reach audiences or advertise should not mean granting wider rights to exploit publishers' journalism, whether collected from websites or uploaded to its platforms. Publishers must retain control over additional uses of their content, including for AI, and the ability to negotiate licenses and payment."
The council has been pressing Brussels since before the delay. On October 21, according to Nieman Lab, it signed a joint letter asking the European Commission to block the terms from taking effect, claiming that they violate the Digital Markets Act. In a statement on October 23, the council said it had written again, and asked the Commission for interim measures or, failing that, an undertaking from Meta to postpone the contested provisions before November 20. Mills Wade said today that the council had not heard from Meta about its letter or its concerns.
Other fronts have opened in parallel. In the United States, the News/Media Alliance gave Meta until October 26 to answer publicly and demanded the terms be withdrawn. Nieman Lab reported that California senator Adam Schiff told Meta to scrap the terms, calling them "a gross abuse of Meta's power"; Press Gazette reported that his letter to Mark Zuckerberg asks for a response by November 2. In Denmark, Danske Medier and DPCMO wrote to the national competition authority, and in Sweden several publisher associations reported Meta to their competition regulator, according to Press Gazette, which also reported that the UK Competition and Markets Authority is in urgent discussions with Meta. Since October 15, according to Nieman Lab, "publishers and politicians around the world have pushed back, filing complaints with national competition authorities, calling on the European Commission to investigate, and writing letters to Meta's CEO Mark Zuckerberg."
Norway is the first country where the dispute over these terms is known to have produced a binding order.
A prediction, and a push toward Brussels
Thomas Höppner, a competition lawyer and partner at Geradin Partners, according to his LinkedIn profile, posted about the ruling this evening. His post describes the order as interim relief against terms that would allow Meta to scrape business users' websites, including paywalled content, for "diverse (and unrelated) commercial purpose."
"Last week, I told Nieman Journalism Lab that Meta's new terms would constitute a prima facie abuse of dominance and a textbook case for interim measures," he wrote. "That aged well." He then looked to the EU: "I would expect the European Commission to follow suit and use its powers to prevent this abuse of intermediation power."
Höppner's post does not say whether he or his firm acts for any party in the Norwegian case or in the complaints filed in Brussels, and his view is a practitioner's prediction rather than a regulator's position.
The Commission does have the tool he describes, and it has used it against Meta this year. On June 9, 2026, it ordered Meta to restore fee-free access to WhatsApp's business API for rival AI assistants under Article 8 of Regulation 1/2003, only the second time it had imposed interim measures under that regulation, after Broadcom in 2019. National authorities have moved too: in July, France's competition authority ordered Meta to resume good-faith negotiations with press publishers and hand over remuneration data within 15 days, after finding Meta likely held a dominant position in personal social networking.
The stakes of a formal case are large. PPC Land's analysis of the fine ceilings found that, on Meta's 2025 revenue of $200.97 billion, a 10% cap under the Digital Markets Act or Article 102 would reach about $20.10 billion, and the 20% cap for repeat DMA infringements about $40.19 billion. As of that analysis on October 24, no regulator had opened a case on the new terms, and Höppner's call for the Commission to follow suit implies it has yet to act. The Oslo order is a civil injunction won by private parties, not a regulatory decision.
Why this matters for marketers
Advertisers sit inside the same contract
The terms are not a publisher contract. They govern every business that uses Meta's business products, and the crawling authorisation reaches websites associated with business accounts, which includes the landing pages, shops and product catalogues of advertisers. MBL's line about "the corner shop that shares content on Facebook" makes the same point from the Norwegian side.
The rewrite also carries obligations that land on advertisers directly. In a separate section of the revised Commercial Terms, advertisers are made solely responsible for the AI edits Meta applies to their ads, including edits from features Meta switches on itself. Agencies have described Meta's tools adding sitelinks, translations and AI images without being asked. Today's events delay that change along with everything else, but they do not remove it.
What changes in practice? Globally, nothing yet: Stone said the existing terms remain in place until the consultation ends. In Norway, the court order adds a second constraint that Meta cannot lift on its own timetable. For advertisers and publishers elsewhere, the more significant development may be procedural. On MBL's account, a national court has accepted, provisionally and on an emergency application, that Meta holds a dominant position and that the terms are unreasonable. Applicants in other countries now have an example to cite, even if it binds no court outside Norway.
Several questions remain open. Which groups Meta will consult, and whether advertisers are among them, is unknown. Meta has not said whether it will contest the Oslo order. And the consultation has no deadline, so November 20 is now a date Meta has said it expects to miss rather than a firm start.
Norway and Meta, again
This is not the first time Norway has moved against Meta ahead of the rest of Europe. In 2023, Norway's data protection authority imposed a temporary ban on Meta's behavioural advertising in Norway and then asked the European Data Protection Board to act, which led to an urgent binding decision ordering Meta to stop processing personal data for behavioural advertising on contract and legitimate-interest grounds across the EEA. That dispute was about personal data. Today's concerns content, contracts and market power, but the pattern is similar: a temporary Norwegian measure, followed by pressure for action at European level.
Höppner's post makes that expectation explicit. Whether Brussels follows is the question the Oslo order does not settle.
Timeline
- 2023 - Norway's data protection authority imposes a temporary ban on Meta's behavioural advertising and asks the EDPB to act, which orders a halt across the EEA.
- March 11, 2026 - IAB Sweden's board expels Meta over its handling of deceptive ads; Aller, Bonnier News and Schibsted back the decision.
- June 9, 2026 - The European Commission imposes interim measures on Meta over WhatsApp access for rival AI assistants.
- July 2026 - France's competition authority orders Meta to resume negotiations with press publishers within 15 days.
- October 15, 2026 - Nieman Lab first reports on Meta's new commercial terms.
- October 16, 2026 - PPC Land reports the new Section 1 lets Meta crawl business websites and train AI from October 30.
- October 17, 2026 - Agreement by continued use, with no partial opt-out, is identified in the crawling terms.
- October 18, 2026 - The UK English preview still contains the training sentence after a report of its removal.
- October 21, 2026 - The European Publishers Council signs a joint letter asking the European Commission to block the terms.
- October 22, 2026 - The News/Media Alliance gives Meta until October 26 to respond publicly; advertisers are made solely responsible for Meta's AI ad edits under the new terms.
- October 23, 2026 - Meta moves the effective date of the Commercial Terms and Self-Serve Ad Terms to November 20; the European Publishers Council says it has written to the Commission again, seeking interim measures or an undertaking to postpone.
- October 24, 2026 - PPC Land sets out the EU fine ceilings Meta's terms could test.
- October 27, 2026 - MBL files for a temporary injunction at the Oslo District Court on behalf of ten Norwegian media companies; Nieman Lab reports senator Adam Schiff's call for Meta to scrap the terms.
- October 28, 2026 - Andy Stone says Meta will hold a full consultation and may delay the terms beyond November 20; shortly afterwards, the Oslo District Court prohibits Meta from implementing the changes until their legality is decided; Angela Mills Wade says consultation must lead to binding contractual safeguards; Thomas Höppner calls on the Commission to follow suit.
- November 2, 2026 - Response deadline in Schiff's letter to Mark Zuckerberg, according to Press Gazette.
- November 20, 2026 - Current effective date of Meta's revised terms, which Meta now says could slip.
Summary
Who: The Norwegian Media Businesses' Association (MBL) and ten Norwegian media companies: NRK, TV 2, Schibsted, Amedia, Polaris, Aller, DN, Mentor Medier, NTB and Hordaland Folkeblad. Meta Platforms and its vice president of communications, Andy Stone. MBL board chair Lene Eltvik Vindfeld, European Publishers Council executive director Angela Mills Wade, and competition lawyer Thomas Höppner of Geradin Partners.
What: The Oslo District Court granted interim relief prohibiting Meta from implementing changes to its commercial terms until their legality has been finally determined. According to MBL, the court agreed that Meta holds a dominant position in the relevant market and that the terms are unreasonable; according to AFP, the order was issued on an emergency basis without hearing Meta. Earlier the same day, Meta pledged a full consultation with industry groups before implementing the terms and said this could push the rollout past November 20.
When: Today, October 28, 2026, one day after MBL filed the application on October 27. The terms had been due to take effect on November 20, 2026, after an earlier delay from October 30.
Where: Oslo, Norway. The order's reach beyond the ten applicants has not been published; Meta's consultation pledge applies to the terms globally.
Why: The applicants argue that the terms would let Meta scrape every article, image and video they publish, including paywalled content, with no way to refuse short of leaving Facebook and Instagram, and that Meta could use that content to build AI services that compete with them. The ruling is the first known binding order against the terms, and it adds to pressure on the European Commission, which publishers have asked to act before November 20.
Related PPC Land coverage
- Meta's new terms let it crawl business websites to train AI from Oct 30 - The original analysis of the Section 1 crawling clause, test credentials and agreement by continued use.
- Meta grants itself the right to crawl advertisers' websites for AI - How the terms reach advertisers' linked websites and leave no partial opt-out.
- Meta's AI training clause still in Oct 30 terms after report of removal - The gap between Meta's statements and its published preview.
- News/Media Alliance gives Meta until Oct 26 to answer on crawling terms - The US publishers' open letter demanding withdrawal of the terms.
- Meta makes advertisers solely responsible for its AI ad edits from Oct 30 - The AI Features section and the liability it shifts to advertisers.
- Meta delays website-crawling terms to Nov 20 after publisher complaints - The first postponement and Meta's robots.txt explanation.
- Meta delays its AI terms to November 20. The trust problem does not move - An analysis of why the delay leaves advertisers' and publishers' core objections in place.
- European publishers ask EU to halt Meta's crawling terms before Nov 20 - The European Publishers Council's second letter to the Commission.
- Google and Meta's new terms carry EU fine risk of up to 10% of sales - The DMA and Article 102 fine ceilings, calculated on Meta's 2025 revenue.
- EU forces Meta to reopen WhatsApp to rival AI assistants - The Commission's June 2026 interim measures against Meta.
- France forces Meta to negotiate with publishers within 15 days - Interim measures from the Autorité de la concurrence over publisher remuneration.
- Swedish publishers back Meta's expulsion from IAB - and it's just the start - Aller, Bonnier News and Schibsted's earlier confrontation with Meta in Sweden.
- EDPB orders Meta to cease Behavioral Advertising in entire EEA - The 2023 decision that followed Norway's temporary ban on Meta's behavioural ads.
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