- New conduct requirement imposed under the digital markets
competition regime
- In a world first, publishers will be able to opt out of their
content being used to power AI features in Google search
- CMA monitoring AI developments in Google search and may take
further action if needed
The Competition and Markets Authority (CMA) has today imposed a
new conduct requirement for Google search, meaning it must take
specific action under the UK's digital markets competition
regime. The requirement will secure 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 designate Google with strategic market status (SMS) in general
search services. The designation allows the CMA to introduce
targeted rules, known as ‘conduct requirements', for Google's
search activities if proportionate for the purposes of ensuring
fair dealing, open choices or trust and transparency.
In a world first, publishers will now have effective tools to
prevent their content being used to power AI features in search,
such as AI Overviews. This will put publishers, like news
organisations, in a stronger position to negotiate content deals
with Google.
To boost consumer trust, Google is also now required to make sure
that publisher content is properly attributed, using clear links,
in AI‑generated search results.
Following consultation feedback, Google will now also have to
allow publishers to opt-out of allowing their content to be used
for the ‘fine-tuning' of AI models. This provides publishers with
confidence that they will have control over the full range of AI
use-cases of their content.
In May, Google announced significant changes to its search
platform to further embed AI technologies, which could
fundamentally change how search results are presented to users in
the UK. This conduct requirement will apply to those changes.
However, the CMA is actively monitoring how Google is
implementing these changes - including assessing the implications
for businesses. If needed, the CMA will bring forward work on
further measures to ensure a fair exchange of value between
Google and publishers.
Sarah Cardell, Chief Executive of the CMA, said:
Today, we have introduced a world‑first requirement on Google's
search services in the UK, enabling fair treatment, greater
transparency and meaningful choice for businesses and consumers.
With features like AI Overviews rapidly reshaping online search,
it is crucial that content publishers, including news
organisations, have appropriate bargaining 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 presented to them.
It's also important that any action we take in this space can
move with the times. Google has recently announced changes to its
search business and the requirements we've introduced today are
designed to respond to what Google is doing now and in the
future. We'll also continue to use the unique flexibility of the
UK regime to monitor and address future concerns as they arise
and we will be announcing further action in relation to Google's
search business in the coming weeks.
The CMA will take an active role overseeing how Google applies
the new requirement to its search services. It will have nine
months to implement all changes but the CMA expects important
parts of the controls to become available to publishers well
before that deadline. Google will also be required to submit and
publish compliance reports, supported by key data and metrics,
explaining changes it has made and how it has complied. These are
due every six months for the first year, after which the CMA will
review the frequency of reporting. The CMA welcomes feedback from
interested parties about these changes they are rolled out.
Since the digital markets competition regime came into force last
year, the CMA has launched four strategic
market status investigations into major technology companies
Google, Apple and Microsoft. Conduct requirements are an
important part of the regime, allowing the CMA to take
proportionate and evidence-based steps that ensure designated
businesses act in a way which improve digital markets and protect
competition. The requirement imposed today is part of a series of
updates over the coming weeks and months on the CMA's digital
markets work.
More information can be found on the CMA's Google search
page.
Notes to editors
- To designate a firm with SMS, the CMA must decide that it has
substantial and entrenched market power and a position of
strategic significance in a digital activity. Google having SMS
does not imply that it has acted anti-competitively.
- Once the CMA has designated a firm as having SMS, it is then
able (subject to a legal framework that includes further public
consultation and showing that measures are proportionate) to
introduce interventions (such as those as set out in today's
decision) to unlock competition, increase innovation, and protect
consumers.