TECHNOLOGY AND LAW
Key Facts
- What they are Meta’s commercial terms for businesses that use Facebook and Instagram.
- The crawling clause Meta could crawl websites linked to a business account, and an early version tied that to AI training.
- The change Meta removed the word “train” but kept wording publishers say still covers generative AI.
- Acceptance Continued use after notice counts as acceptance, so there is no way to refuse without leaving.
- The date 20 November 2026, which Meta says could slip.
Meta’s new commercial terms let the company send automated crawlers to websites tied to a business’s Facebook or Instagram account, according to trade reports. Publishers in Norway and Brazil say the terms would let Meta use their journalism for AI, and two courts have now suspended them for the plaintiffs, as reported.
This page reads the terms in plain language, using what trade and news reports have published. We have not seen a final text from Meta, and Meta may still change the wording.
What the Crawling Clause Says
The terms cover every business that uses Facebook and Instagram, according to a trade report. An early version would have allowed broad scraping of websites “associated with” a business account, and potentially the use of that content to train Meta’s AI models, according to a media-industry report.
In practice this reaches beyond Meta’s own apps. A news publisher with a Facebook page or an Instagram account could find its own website covered, not only the posts it puts on Meta’s platforms.
What Changed After the Criticism
Meta revised the terms to remove the word “train”, according to press reports. The new text allows content to be used to “develop, improve, research and maintain advertising and business products”.
Publishers say that wording still covers Meta’s generative AI services, according to a press report. We have not seen Meta’s own reading of that clause.
How Acceptance Works
Under the terms, continued use of Meta’s business products after notice counts as acceptance, according to a trade analysis of the text. A Norwegian trade body said there is no option to refuse, and that the only alternative is to delete the account.
That is why the associations in Brazil asked the court to keep member accounts running without penalty for refusing. The São Paulo order, as reported by the associations, requires exactly that.
What Meta Says
A Meta spokesperson said content owners will still be able to use robots.txt to signal their preferences, according to a media-industry report. The same report notes that no version of the terms has included language about respecting robots.txt.
On 28 October Meta’s communications chief said the company did not plan policy changes without a full consultation with industry groups. The consultation could run past 20 November, he said, in which case Meta would delay implementation.
What Happens on 20 November
Meta moved the start date from 30 October to 20 November in late October, according to press reports. The Oslo District Court temporarily blocked the terms on 28 October, and the São Paulo court suspended part of them on 3 November for the three associations that sued, according to the associations.
Whether the terms start on 20 November, in which countries and for whom, has not been confirmed. We update our full explainer when it changes.
What Publishers Can Check Now
- Whether your organisation has Facebook or Instagram business accounts, and who is the administrator.
- Whether a notice about the new commercial terms has appeared in the business account.
- What your robots.txt file says about Meta’s crawlers, which Meta documents on its developer pages.
- Whether you want to take legal advice before accepting any new terms.
Frequently Asked Questions
Do Meta’s new terms apply to every website?
No. They apply to businesses that use Facebook and Instagram business products, and reach websites linked to those accounts, according to trade reports.
Do the court orders stop Meta everywhere?
No. The Oslo order is interim relief, and the São Paulo order covers the outlets of the three associations that sued, according to the associations.
Is robots.txt a way out?
Meta says content owners can use it, but the terms as reported do not mention it, so it is not a contractual guarantee.
Part of our dossier: Can Meta Train AI on Brazilian News? Read the full explainer.
Sources: reports by trade and news outlets on Meta’s commercial terms and the Oslo order, 15 to 28 October 2026; joint note of ANJ, Abert and Aner of 3 November 2026. Last updated 4 November 2026.
This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error · Editorial responsibility: Matthias Camenzind, Editor-in-Chief
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