International
The CMA ensures a fairer deal for publishers and improves Google Search services in the UK.
New behavioral requirements imposed under the Digital Markets Competition Framework For the first time in the world, publishers will be able to opt out of content used to power AI features in Google Search. The CMA will monitor AI developments in Google Search and may take further action if necessary.
The Competition and Markets Authority (CMA) today imposed new conduct requirements for Google Search. This means that specific measures must be taken under the UK’s digital markets competition framework. These requirements will ensure a fairer deal for publishers and consumers and improve Google’s search services in the UK.
The conduct requirement is imposed following the CMA’s decision to grant Google a Strategic Market Position (SMS) designation in the general search service. The designation allows the CMA to introduce targeted rules, known as ‘performance requirements’, for Google’s search activity where this serves the purpose of ensuring fair dealing, open choice or trust and transparency.
Now, for the first time in the world, publishers have an effective tool to prevent their content from being used to power AI features in search, such as AI Overview. This puts publishers, such as news organizations, in a stronger position to negotiate content deals with Google.
To increase consumer trust, Google now requires clear links in AI-generated search results to ensure publisher content is displayed correctly.
Following consultation feedback, Google should now allow publishers to opt out of having their content used for ‘fine-tuning’ of AI models. This gives publishers the confidence to control the entire AI use case for their content.
Last May, Google announced significant changes to its search platform to further embed AI technology. This could fundamentally change the way search results are displayed to UK users. This action requirement applies to those changes. However, the CMA is actively monitoring how Google implements these changes, including assessing the impact on their business. Where necessary, the CMA will pursue work on further measures to ensure a fair exchange of value between Google and publishers.
Sarah Cardell, CEO of CMA, said:
Today, we’re introducing world-first requirements for Google search services in the UK, enabling fair treatment, greater transparency and meaningful choice for businesses and consumers.
As features like AI Overview are rapidly reshaping online searches, it is important that content publishers, including news organizations, have the appropriate negotiating power over how their content is used. At the same time, these measures will help tens of millions of UK search users better understand and trust the information provided to them.
It is also important that every action we take in this space can move with the times. Google recently announced changes to its search business, and the requirements we’re introducing today are designed to address Google’s present and future. Google will also continue to leverage the inherent flexibility of the UK framework to monitor and address future concerns as they arise, and we expect to announce further actions related to Google’s search business in the coming weeks.
The CMA will take an active role in overseeing how Google applies the new requirements to its search services. It will take nine months to implement all the changes, but the CMA expects significant parts of the controls to be available to publishers well before the deadline. Google will also be required to submit and publish compliance reports based on key data and metrics that describe changes and how we will comply. You must report every six months for the first year, after which the CMA will review the frequency of your reporting. The CMA welcomes feedback from stakeholders on these changes as they are rolled out.
Since the Digital Market Competition Framework came into effect last year, the CMA has launched four strategic market surveys of major technology companies Google, Apple and Microsoft. Conduct requirements are an important part of the regime, enabling the CMA to take proportionate, evidence-based action to ensure designated businesses act in a way that improves digital markets and protects competition. The requirements imposed today are part of a series of updates to the CMA’s digital markets work over the coming weeks and months.
More information can be found on the CMA’s Google Search page.
Notes to editors To designate a company using SMS, the CMA must determine whether the company has substantial, established market power and a strategically important position in its digital activities. Just because Google owns SMS doesn’t mean that Google has done anything anti-competitive. The CMA’s designation as a holding company will enable it to introduce interventions (such as those set out in today’s decision) to stimulate competition, enhance innovation and protect consumers (subject to a legal framework that includes further public consultation and demonstrates that the measures are proportionate).
For media inquiries, please contact the CMA Press Office.
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