Brazil's antitrust regulator has moved to deepen its scrutiny of Google over the way it uses journalistic material, in a case that could become a landmark for media rights in the age of generative AI. According to Canaltech and the federal Cade website, the tribunal unanimously decided on 23 April to send the matter back for a formal administrative investigation, after concluding that the issue now goes beyond the original complaint filed in 2019.

The case centres on whether the search giant extracts economic value from news content without properly compensating publishers. Investigators first looked at Google's collection of headlines, excerpts and images from news sites, but the renewed probe now also takes into account AI Overviews, the summary feature launched in May 2024 that can keep users inside Google’s own interface rather than sending them to the original source. According to the Cade report, the panel accepted that the technology has changed the scale and nature of the conduct under review.

Interim tribunal president Diogo Thomson de Andrade argued that Google's business model has evolved significantly since the inquiry began, while councillor Camila Cabral Pires-Alves went further in her vote, saying the concern is not only lost traffic but the appropriation of informational value without proportional recognition for the publishers who created it. She also urged regulators to examine so-called zero-click searches, where users read the AI-generated summary and never open a link, as well as the relationship between the value Google retains through advertising and the editorial costs borne by newsrooms.

The Associação Nacional de Jornais described the decision as a historic milestone. Google, however, pushed back in a statement, saying the regulator had misunderstood how its products work and insisting that its AI tools are designed to surface links from a broad range of sources. The company said it would continue talking with Cade as the case moves to the agency's General Superintendence for further investigation.

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Source: Noah Wire Services