Independent journalism urgently needs better legal protection

Trusted journalism is a safeguard of our democratic ideals and the enduring liberty of every individual. It is increasingly under threat

The media at work: independent journalism needs greater protections. Photograph: AFP
The media at work: independent journalism needs greater protections. Photograph: AFP

In an era when it is increasingly difficult to differentiate between what’s true and what’s false, trusted journalism stands as a crucial beacon of truth that must be fiercely protected. In recent weeks, we have seen the actions of those seeking to damage democracy by muzzling, undermining and controlling the media.

Trusted independent journalism is the guardian of our collective conscience, the watchdog that holds power accountable, and the indispensable lifeline that empowers citizens with the knowledge to make informed decisions. It is a safeguard of our democratic ideals and the enduring liberty of every individual — and it is increasingly under threat. Yes, even here in Ireland.

Without it, the freedoms we at times take for granted crumble. In recent years, we have seen just how fragile democracy is, how easy it is for authoritarian figures to unravel fundamental freedoms and rights with alarming speed. Almost always, it starts with muzzling trusted, independent media.

Our media needs protection. Protection from the use of our journalism by others for profit without fair compensation. Protection from our journalism being falsified for malign purposes through advanced AI. Robust legislative protection is needed at Government and EU level to future-proof trusted journalism, because not all threats dress in the uniform of autocrats.

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The most pressing danger facing media organisations centres around Big Tech’s appropriation of their content, which is eroding the foundation that pays for trusted journalism. As platforms harvest content without proper compensation, media outlets have to bear the high financial burden of producing quality journalism that helps underpin democratic values. This issue will intensify with the advent of Generative AI.

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Publishers are, categorically, not anti-Big Tech nor anti-AI – indeed, they embrace advances in AI and invest in cutting-edge technologies, including AI-powered systems. However, we believe digital AI platforms must be transparent and accountable about copyright, privacy, data use and purpose. As publishers, we will remain steadfast in our commitment to reader trust while responsibly using AI in journalism.

Under human oversight, AI assists, but accountability will always rest with us.

NewsBrands Ireland, the representative body for Irish news publishers, believes Gen AI models offer unique innovation opportunities, but they also present challenges to journalists, artists, authors and other creators in the way their creative content is created, distributed, used and consumed.

Like publishers worldwide, Irish media organisations are concerned about AI’s impact on their viability, as platforms continue to use their content, without payment or permission, in order to train their Gen AI models. Without proper controls, transparency, and fair payment, the future of the Irish news publishing industry is under threat, with predictable consequences for our democracy down the line.

The problem is, of course, global. Danielle Coffey, president and chief executive of the News/Media Alliance, an association of more than 2,000 news and media publishers in the US, has echoed many publishers and broadcasters in saying that without legal protections, advanced AI poses an “existential threat” to media organisations. “These tools depend on the very standards of journalism we uphold, yet they undermine the sustainability of the industry when using our content without authorisation and compensation.”

Two EU measures aimed at tackling these problems, the EU Copyright Directive and the draft General-Purpose AI Code of Practice through legislation, are falling short.

The EU Copyright Directive was designed to create a fairer digital market by ensuring creators and publishers receive fair compensation from digital platforms for the use of their content. However, unlike in other member states, the transposing legislation in Ireland has not introduced provision for good-faith negotiations and arbitration. Our transposition provides no mechanisms to support publishers in their negotiations with platforms. Digital platforms’ engagement with publishers here is limited and inconsistent, unlike in France where they are compelled by law to engage with content creators. On top of a strong transposition in France, decisions and sanctions from the competition authority forced Google to make meaningful remuneration proposals to press publishers.

The Government must take more effective action on how the EU Copyright Directive is implemented, so that media organisations here can benefit from its protections, like their EU counterparts.

‘It’s time for our political leaders to stand up, take decisive action and fight for the future of trusted journalism’

The Government must also urgently push to prevent the further dilution of the draft EU General-Purpose AI (GPAI) Code, which was established to ensure that AI systems designed for a broad range of tasks are deployed ethically, transparently, and safely. News Media Europe, the voice of more than 2,700 European publishers, is scathing in its criticism of how the aims of the EU’s AI Act have been watered down in the draft code. Last September, Reuters reported that the world’s biggest technology companies were pushing to persuade the European Union to take a light-touch approach to regulating artificial intelligence.

The old gatekeepers have lost control of the message. The implication for politics, democracy and society is enormous Opens in new window ]

News Media Europe said the latest draft of the GPAI Code “confirms our fears that no code is better than this code… it completely fails to meet its objectives insofar as copyright is concerned. As a result, the code risks creating backdoor legislation while rights-holders are still unable to verify if and how their works are used by AI systems, preventing them from being able to exercise their rights.”

It’s time for our political leaders to stand up, take decisive action and fight for the future of trusted journalism. Because without urgent intervention - the legal and financial safeguards that journalism desperately needs - our ability to hold power to account, to inform the public and to defend democracy itself will be seriously damaged.

Ann Marie Lenihan is chief executive of NewsBrands Ireland, the representative body for Irish national publishers, and a member of the board of Media Europe