BelgiumCode de droit économique, article XI.216/2, droit voisin des éditeurs de presse
Code de droit économique art. XI.216/2, inséré par la loi du 19 juin 2022 transposant partiellement la directive (UE) 2019/790, art. 15 (Moniteur belge, 1 août 2022)
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2026. Publisher's page: https://www.ejustice.just.fgov.be/eli/loi/2022/06/19/2022015053/justelIn force since .
A press publishers' right rule binding private bodies.
- Instrument type
- an act of a legislature
- Categories
- Linking framing
What it requires
- Applies to you if you are an information-society service provider using a press publication of a press publisher established in an EU member state.
- Obtain the press publisher's authorisation before reproducing its press publication or making it available online; the publisher has the sole right to do so.NIST AI RMFMAP 4.1
- Negotiate in good faith with the publisher over that use and the remuneration due; either side may refer an unresolved dispute to the Belgian Institute for Postal Services and Telecommunications, which can decide the remuneration and take a binding administrative decision.no control in the NIST AI RMF
- On the publisher's written request, give it updated, relevant and complete information on the number of consultations and the revenue you draw from its publications.no control in the NIST AI RMF
- You need not obtain authorisation for hyperlinking, the use of isolated words or very short extracts of a press publication, or works whose protection has expired.
- The right expires two years after the press publication was published, counted from 1 January of the following year, and does not apply to a press publication first published before .
These lines are LexLint's reading of the law's text. Also read by: Case C-797/23 Meta Platforms Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni, judgment of (Grand Chamber) (recorded ).
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62023CJ0797
- Case citation
- Case C-797/23 Meta Platforms Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni, judgment of (Grand Chamber)
- Open questions
- Does a headline with a snippet of a given length fall within 'très courts extraits' in l'article XI.216/2, § 4, 2° du Code de droit économique, when the statute sets no length?
- Does the training of an LLM-based chatbot on press publications, or the display of their content in its responses, count as 'son utilisation en ligne par un prestataire de services de la société de l'information' in l'article XI.216/2, § 1er, the questions referred to the Court of Justice in Case C-250/25?
What this law does
A press publisher established in an EU member state has the sole right to reproduce its press publication and to make it available online for use by an information-society service provider, per Article XI.216/2, paragraph 1.
The publisher and the service provider must negotiate in good faith over that use and the remuneration due, and either may refer an unresolved dispute to the Belgian Institute for Postal Services and Telecommunications, which can decide the remuneration and take a binding administrative decision.
A service provider must give the publisher updated, relevant, and complete information on the number of consultations and the revenue it draws from the publications, on the publisher's written request, so the publisher can value the right, and authors of works integrated into a press publication are entitled to an appropriate, non-transferable share of what publishers collect for the use, set by a collective agreement.
The right does not reach hyperlinking, the use of isolated words or very short extracts of a press publication, or works whose protection has expired. It expires two years after the press publication was published, counted from 1 January of the following year, per Article XI.216/3. Article XI.216/2 does not apply to a press publication first published before , per Article 99 of the Act.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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