The UK's competition watchdog has ordered Google to change how it uses publishers' content in its AI-powered search results, a move with global ramifications. The Competition and Markets Authority (CMA) is using powers to set bespoke rules for major tech firms deemed to have 'strategic market status'.
CMA's New Conduct Requirements
The CMA has imposed 'conduct requirements' on Google, mandating that it allow publishers to block their content from being used in features such as AI Overviews and AI mode. An AI Overview is a query answer produced by Google's Gemini AI, summarising material from news publishers and other websites. Publishers argue this dissuades users from clicking through to their content, denying them readers and advertising revenue. Previously, publishers allowing their content in ordinary Google search results were defaulted into AI Overview responses; now they can opt out.
Attribution and Model Updates
Google must ensure publisher content is properly flagged and attributed in overview results with clear links. Publishers can also opt out of their content being used to update models that power tools like chatbots.
Impact on Publishers
The CMA hopes this gives publishers greater leverage in content deals with Google by forcing the company to seek permission to use their intellectual property. The CMA will monitor the first wave of interventions before deciding on further action. Publishers have seen dramatic falls in Google traffic since their content was pulled into AI summaries.
Monetisation Prospects
There is still a long way to go for publishers to monetise AI content use. A mass boycott of AI Overviews seems unlikely, but Google's brand relies on being a central source of information. The New York Times has spent $20m on lawsuits against AI firms over copyrighted content. Tim Cowen of the Movement for an Open Web believes the CMA's move provides a baseline for monetisation but notes there is no mechanism yet for enforcement or valuation.
Google's Response
Google has nine months to implement changes, but the CMA wants swift action. Google announced it is testing a control for website owners to manage how their content appears in AI features, starting with a subset of UK websites before global rollout, underlining the CMA's impact.
Future for Publishing
The News Media Association hailed the move as a 'significant step towards levelling the playing field'. However, concerns remain about Google's compliance. Cowen warns that Google may exploit vagueness in reporting requirements. Publishers are forming SPUR, a coalition including the BBC, Guardian, and others, to strike better AI deals by agreeing common standards.
Publishers are already signing deals with AI firms, such as the FT and Washington Post with OpenAI, and the Guardian with multiple companies including Google and Microsoft.
