Meta Delays Commercial Terms Update After Global Backlash Over AI Training Data Scraping

Reviewed byNidhi Govil

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Meta has delayed its controversial commercial terms of service update until November 20 after facing intense criticism from publishers and legal experts worldwide. The updated policy appeared to grant Meta sweeping permissions for web scraping content from business accounts for AI model training, potentially bypassing millions in licensing fees.

Meta has postponed enforcement of its controversial commercial terms of service until November 20, extending the original October 30 deadline by three weeks. The delay comes after intense global pushback from publishers, legal experts, and regulatory bodies concerned about the company's expanded web scraping permissions for AI training data

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Source: MediaNama

Source: MediaNama

Controversial Language Sparks Publisher Concerns

The updated Meta commercial terms initially authorized the company to use automated software including web scrapers, bots, and crawlers to access content from websites associated with Meta business accounts. Legal experts warned this provision could allow Meta to scrape entire news sites and use the material for AI model training without securing licensing fees that could cost millions of dollars

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Matt Topic, a media and intellectual property attorney at Loevy & Loevy, called it "a remarkable provision to bury in terms of service, given that this would give Meta access to material that would likely cost many millions of dollars in a licensing market"

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. The terms apply to all accounts using Meta Business Suite, which companies use to manage their Instagram profiles, Facebook pages, Messenger, and WhatsApp channels

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Meta Removes Training Language But Concerns Remain

Following backlash, Meta removed the word "train" from its commercial terms of service and clarified that the crawling terms "only applied to our ads and business products"

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. The revised version now allows Meta to "periodically pull updates" from business users' websites to "provide, develop, improve, research, and maintain advertising and business products"

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Source: Ars Technica

Source: Ars Technica

However, legal experts argue these changes don't go far enough. James Grimmelmann, a professor of digital and information law at Cornell Law School, told Nieman Lab that the "develop...advertising and business products" language "is still broad enough to drive a truck through"

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. Topic agreed, noting that "'develop' is broad enough to include 'train'" and that the revised terms still allow Meta to use scraped content to develop "any 'business product,'" which presumably includes AI business products

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Global Regulatory Pressure Mounts

Publisher opposition extends far beyond initial concerns. The News/Media Alliance sent a letter to Meta CEO Mark Zuckerberg demanding the company revise its business terms over concerns they would cause "severe harm" to publishers

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. Theo Bamber, chief executive for the United Kingdom News Media Association, accused Meta of a "shameless land grab" relying on "the worst kind of arrogant tech platform bullying"

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The European Publishers Council asked the European Commission to intervene, with executive director Angela Mills Wad stating: "Publishers must be able to decide whether and how their journalism is used, and negotiate fair payment. Burying such far-reaching claims in platform terms is no substitute for consent"

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. Digital advertisers and publishers in the European Union and UK urged regulators to force Meta to halt its new terms entirely

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Source: The Next Web

Source: The Next Web

Robots.txt Controversy and Enforcement Gaps

A critical issue remains Meta's refusal to add specific language respecting robots.txt files, which websites use to signal scraping preferences. Benjamin Sobel, a University of Wisconsin law professor, explained that since complying with robots.txt is voluntary, Meta could potentially rely on its legally enforceable commercial terms of service to override robots.txt instructions

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Meta spokesperson Daniel Roberts insists "content owners can still use robots.txt to signal preferences" and that "there is no change to how Meta uses web crawlers"

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. Yet legal experts point out that without explicit language in the terms committing to respect robots.txt, these assurances lack legal enforceability

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Broader Implications for AI Data Scraping

The controversy highlights escalating tensions between AI companies and content creators over AI training data and copyright. Publishers including Ziff Davis have launched copyright lawsuits against AI companies for using their content without permission or compensation

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. Several AI labs have forged licensing agreements with news publications to avoid legal battles, making Meta's approach particularly contentious.

The updated terms introduced new language about "test credentials" that legal experts warn could allow Meta to bypass paywalls and automate scraping more aggressively

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. This provision didn't exist in Meta's previous commercial terms, Product Catalog Terms, or Ad Creative Generative AI Terms, representing a significant expansion of Meta's claimed permissions

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What Business Accounts Should Watch

Meta's delay until November 20 provides additional time for the company to "explain to our partners and stakeholders what's changing and what's not"

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. However, the fundamental structure of the policy remains unchanged, and Meta has not indicated it will offer opt-out options for business accounts beyond discontinuing use of Meta services entirely

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Publishers and businesses should monitor whether Meta adds explicit robots.txt compliance language to its final terms. They should also evaluate whether the broad "develop" and "business products" language could enable AI data scraping despite Meta's removal of the word "train." As courts continue weighing fair use questions in ongoing copyright lawsuits against AI companies, Meta's commercial terms could establish a precedent affecting how tech platforms access and utilize publisher content for AI model training.

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