We must recognise that our current enforcement tools are not sufficient against the global tech giants. Meta and TikTok have famously refused to participate in mediation with the DPCMO. The mediator was of the opinion that tech should participate but has no enforcement tools at its disposal. Instead, the mediator suggested arbitration. Meta and TikTok have now rejected arbitration.
Meta and TikTok – and other tech giants – continue their unlawful and profitable behaviour without consequence. Filing an ordinary lawsuit is not a real option. Only tech has the resources and time to pursue lengthy litigation involving the CJEU, so a final court judgement can take 5-10 years. And even a court decision may risk being generally unusable due to the specific circumstances of the case.
Danish – and all other countries’ – publicist media, citizens and society cannot live with the status quo for many more years. Monopolistic practices, misinformation, erosion of trust, the threat to media pluralism, democratic values and privacy cannot continue.
This unfair competition is devastating for the free press. Newsrooms are shrinking, local outlets are closing, and investigative journalism is suffering, all while tech companies profit from the content news organisations produce without fairly compensating them. This harms the entire digital ecosystem.
Delaying action only deepens the challenges, making it harder to reverse the damage already done. That is why governments need to take actions now. Someone has to show leadership. It could be Denmark.