Legal Challenge Targets Google AI Overviews in UK and EU
Independent publishers in the UK and EU are raising serious legal concerns about Google's use of news content within its AI Overviews feature. The core issue is the lack of an option for publishers to opt out of having their content used in AI-generated summaries without also being removed entirely from Google’s search results.
The Movement For An Open Web (MOW), alongside organizations like Foxglove and the Alliance, has filed formal complaints with the UK’s Competition and Markets Authority (CMA) and the European Commission. They argue that Google’s AI Overviews product leverages news content to generate summaries and ground AI answers, yet does not provide publishers with adequate control over this usage.
Key Points of the Complaints
- Publishers cannot selectively opt out of AI Overviews while remaining in search results.
- The use of news content in AI responses is causing measurable harm to publishers’ traffic, readership, and revenue.
- Regulators in other jurisdictions, such as the US Department of Justice and South Africa’s Competition Commission, have already proposed measures allowing such opt-outs.
MOW highlighted that the CMA recently announced plans to consult on making Google search fairer by increasing transparency and control for publishers over how their content is used, including in AI-generated responses. Despite this, the complaint stresses that immediate action is required to prevent ongoing harm.
Urgency for Interim Measures
Foxglove has urged the UK regulator to impose interim measures to stop Google from misusing publisher content while the CMA conducts its detailed review. Without swift intervention, they warn that the UK’s news industry could fall behind other nations that are actively protecting independent news sources from similar challenges.
In parallel, an EU antitrust complaint filed in Brussels echoes these concerns. It states that Google’s core search engine is misusing web content for AI Overviews, resulting in significant damage to publishers across Europe.
Publishers and SEO Experts Push Back
There is growing criticism from publishers and SEO professionals who observe a decline in user clicks directed to their sites, despite Google’s claims of increased traffic. This legal dispute may ultimately be resolved through judicial review, as Google shows no indication of reversing its trend toward providing more direct answers rather than links.
For legal professionals monitoring developments in AI, search, and content rights, this case represents a pivotal moment in defining how AI-generated content interacts with intellectual property and publisher rights in digital search ecosystems.
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