Google’s AI Overviews Under EU Scrutiny
The European Commission has initiated an investigation into Google’s generative search feature, known as AI Overviews, to determine if it contravenes the Digital Markets Act (DMA), the EU Copyright Directive, or the European Media Freedom Act (EMFA). Concerns have been raised by policymakers and publishers that this feature may disrupt competition and marginalize diverse media voices.
Launched in late March 2025, AI Overviews appears at the top of Google’s search results page. It utilizes generative AI to summarize information from various sources online, aiming to help users “find information faster.” However, publishers argue that this feature retains users within the Google ecosystem, bypassing the original sources of information.
Assessment of AI Overviews
Commission spokesperson Thomas Regnier stated, “The Commission is currently assessing how the ‘Google AI Overviews’ feature works in practice and what its implications may be under EU copyright rules.” He emphasized that regulations concerning unfair competition, obligations of platforms under the Digital Services Act (DSA) and DMA, as well as the protection of media pluralism under the EMFA, are likely to factor into the assessment.
Although no formal enforcement action has been taken yet, AI Overviews are part of a broader inquiry into whether Google is engaging in self-preferencing its services in search.
Impact on Publishers
News organizations contend that AI Overviews have disrupted the traditional exchange that sustains the open web: publishers create content while platforms drive traffic in return. They argue that Google is extracting value from journalism without providing adequate visibility or engagement.
Post-launch, many publishers have reported a significant drop in web traffic. A closed-door meeting with Google revealed that the company acknowledged such impacts, as reported by Bloomberg.
The BBC highlighted concerns that AI-generated summaries could undermine its brand, either by misrepresenting the value of its reporting or inaccurately portraying its articles.
During an April briefing, a senior Google executive claimed that “the number of search queries increased after the introduction of AI Overviews,” suggesting potential benefits for publishers in the long run. However, when pressed about declining click-through rates to websites, the executive stated that Google does not share such data, citing constant fluctuations.
Legal Frameworks Considered
The Commission is evaluating AI Overviews against several significant regulations:
- DMA: This act prohibits gatekeepers like Google from unfairly prioritizing their own services. Investigators may apply this rule if Overviews consistently keep users within Google’s ecosystem.
- EU Copyright Directive: This directive allows the lawful use of content for research under the Text and Data Mining (TDM) exception, unless rights holders have opted out.
- DSA: This legislation requires Very Large Online Platforms (VLOPs) like Google to clarify how their algorithms rank and recommend content.
- EMFA: Enacted in May 2024, this act aims to safeguard editorial independence and ensure fair treatment of media outlets on digital platforms.
Regnier noted, “AI-generated summaries that reproduce protected content may fall under the TDM exceptions,” provided the material is lawfully accessible and rights holders have not reserved rights.
However, Google’s own policy restricts publishers’ control over how their content is used in AI summaries. An executive informed Euractiv that “rights holders cannot opt out of being included in AI summaries only from AI training,” indicating a diminishing line between AI search and traditional search.
Challenges for Media Organizations
Media organizations find themselves in a difficult position, unable to afford exclusion from Google Search despite feeling that their content is being unfairly repackaged. “We have no choice. We have to be online, we have to be visible,” stated Renate Schroeder, Director of the European Federation of Journalists.
Ongoing Concerns Regarding Google’s Practices
AI Overviews represent only the latest in a series of policy changes by Google that have raised alarms among publishers. Earlier in 2025, Google enforced its Site Reputation Abuse Policy, targeting content considered manipulative, which adversely affected numerous publishers without clear explanations for the traffic decline.
In March 2025, the German publisher ActMeraki filed an antitrust complaint with the European Commission, accusing Google of reshaping the digital publishing landscape. This complaint garnered support from several major EU publishing associations, which warned that Google’s unchecked power forces publishers into a stark choice: comply or risk disappearing.
Potential Shift with EMFA
The European Media Freedom Act, which will be fully implemented by August 2025, seeks to enhance editorial independence and media diversity in the EU. It prohibits VLOPs from unjustifiably removing media content and mandates greater transparency regarding how platform interfaces influence media visibility.
The act establishes the European Board for Media Services, comprising national media regulators, tasked with monitoring how platforms treat media content across borders. This board could intervene if features like AI Overviews limit access to credible journalism or unfairly disadvantage certain outlets in search rankings.
Conclusion: Implications for Independent Media
Google’s AI Overviews illustrate a growing trend where users remain on the platform rather than visiting the original sources of content. This shift poses a threat to the sustainability of journalism, particularly for publishers dependent on search traffic for survival.
For regulators, the feature presents a crucial test case. Can existing EU laws, including the DMA, DSA, Copyright Directive, and EMFA, effectively constrain the power of platforms that increasingly act as both distributors and editors?
As generative AI continues to transform the flow of information online, the outcome of this investigation may significantly impact the future of independent media worldwide.
