|
|
© 1996 - 2010 European Publishers Council All rights reserved
|
< back to press updates
EPC news - September 2001The monthly update on EU media issues
EU Parliament resolution on human rightsRespect for Freedom of Expression and Independent JournalismAmong the 25 clauses of the European Parliaments resolution on human rights, the press section:
Financial reporting in the press and on the internetEPC is briefing MEPs as they consider the draft market abuse directive (Rapporteur Mr. Goebbels) as they fear current wording will lead to new rules for the press and criminal liability for journalists who cover financial markets. EPC is seeking either an exemption for journalistic purposes or at least a subsidiarity clause which leaves this area to Member States.
Internet regulationRome IICommissioner Vittorino has abandoned plans to bring forward a consultative document and is heading straight for conflict with industry by moving immediately towards a draft Regulation. Leaked copies reveal a concession for online services as he intends to carve out areas already covered by community legislation, such as e-commerce, TVWF and data protection. EPC fears there will be a double-regime emerging where online newspapers are treated differently from print. Key areas such as defamation and invasion of privacy have not been harmonised and will be subject to country of damage tests under the new Rome II proposal. EPC will be requesting an exclusion of all defamation and unfair competition from the scope of the regulation.
Internet cookies could crumbleUser-friendly internet tools could be outlawed in a vote by MEPs in Strasbourg. The cookie has been branded a 'spy device' by MEPs in order to justify the need to prohibit its use. They contend that the cookie enters users' terminals without their consent, thereby contravening European privacy laws. Yet the cookie is used legitimately to identify genuine users, authenticate identity in e-commerce transactions and to recognise preferences for web sites and search engines. The new legislation would force internet users to re-register every time they visit a web site and remember their username and password for every site they visit. Francisco Balsemao, Chairman of the EPC said: "It is in our interests to make the Internet as accessible as possible to users and to avoid legislating against advertising which enables so much on the Internet to be available free of charge."
European Parliament unclear on data protection voteA debate on the European Directive on Electronic Communication and Data Protection has resulted in chaos as the Commission proposal was returned to the Committee for clarity on one of the amendments. EPC has been working closely with the Federation of European Direct Marketing and has been lobbying hard for an opt-out solution combined with good marketing practise, something which has won support from a large number of MEPs. The need to distinguish between serious direct marketing and spam, which often comes from outside the EU, is an issue which is gaining wider support across the board. The amendment, together with those on cookies, goes before the Committee on 09 October 2001, giving more time to lobby MEPs for consistent support for the opt-out solution.
ePing meetingThe European Parliament Internet Group (E-Ping) met on 26 June 2001 to discuss Internet privacy issues. Amanda Chandler from Double-Click presented how her company uses cookies, Gordan Lennox from the Commission discussed the possibility of anonymous credentials, while Jim Teicher from Yukom wanted to make the web more transparent so we know "who is on the other end." Gus Hosein from Privacy International complained about the loss of privacy on the web and the use of personal data by law enforcement agencies. The debate divided along predictable lines.
Commission works on internet securityThe Commission has published a number of policy recommendations on how to make the Internet safer for business and citizens. The Communication outlines the main threats to security online such as viruses, hacking, denial of service, interception and natural disasters. The Commission will launch in-depth discussions with Industry, users and authorities responsible for data protection.
Domain name newsTwo new top level domain names .biz and .info have been authorised by ICANN. They will be available initially for information websites but general registration will be launched in September. Separately, US lawmakers have demanded the introduction of a .kids domain to act as a safe haven for children.
Safer Internet Awareness DayThe Commission is hoping to improve awareness of the dangers of the internet. The event will take place on 25 and 26 October 2001.
Draft convention on Cybercrime adoptedThe Council of Europe has approved the final draft of the convention on Cybercrime. Once ratified it will be binding on signatory countries which will then have to create a minimum set of laws to deal with high-tech crimes such as digital copyright infringement.
Electronic commerceeCommerce VAT compromise blocked by UKThe United Kingdom refused to sign up to a compromise on VAT and eCommerce agreed by all other Member States. This compromise would mean that services provided by electronic means from third countries to non-taxable persons in the EU should be taxed in the place where the purchaser of services is established by applying the standard rate of VAT. The same service provided from the EU to customers in third countries should not be taxable in the EU.
UK consultation on eCommerce directiveA public consultation has been launched by the British Government on the implementation of the Electronic Commerce Directive (00/31/EC). The consultation will end on 2nd November and the Government expect to have the regulation in force by 16th Jan 2002.
Germany reforms retail lawsGermany has finally abolished laws restricting the use of promotional offers and reductions on products. These laws did not allow reductions of more than 3% on goods or two-for-one offers and free gifts. The move was a result of growing pressure from the Commission and the development of eCommerce.
CopyrightFreelancers triumph against NYTTasini, supported by the American National Writers Union, won against the New York Times on a case involving reproduction of articles in an electronic database. The Supreme Court ruled that compilation in an electronic database is different from other kinds of archive or library storage of material that once appeared in print. This means that US publishers now need to obtain free-lancers permission before putting their work online.
Directive published in Official JournalThe Directive on Copyright and related rights has now been published in the Official Journal . Member States now have 18 months to implement it.
Court upholds RosettaBooks' right to publish e-booksA federal court in Manhattan has ruled against Bertlesmann-owned publisher Random House Inc. in the lawsuit it brought in February which sought an injunction against e-book publishing firm RosettaBooks. When RosettaBooks published eight books in digital format to which Random House holds 'book form' publishing rights, the latter claimed it was also entitled to exclusive rights to release the books in electronic format. RosettaBooks, however, had secured specific electronic rights directly with the authors of the books, and is now free to continue publishing them in accordance with the judge's ruling.
Study on contribution of copyright to the European economyThe Commission has published a call to tender for a study on the contribution of copyright and related rights to the European Economy in the Official Journal. The tenderer must have an appreciation of current economic thinking on the future of the information society and the media.
AdvertisingTobaccoEPC is writing to MEPs to warn that the latest proposal to ban tobacco advertising unfairly discriminates against Europe's press. By banning press and internet advertising but leaving posters, non-EU press advertising and point of sale advertising in tact, the Commission is creating serious distortions of competition. In addition, the Commission has failed to understand that only a minute proportion of Europe's newspapers actually cross borders in their original form as they serve essentially national markets. Magazines are usually franchised in different EU member States which allows editorial and advertising to be adapted to local markets. EPC is fighting the principle that just because there are differences in national rules on advertising does not entitle the Commission to harmonise by banning any product category. Once this principle has been lost, Europe's publishers could face a whole raft of new restrictions. The Parliament is due to start discussions mid-October.
Duty to trade fairly updateThe Duty to Trade Fairly proposal from DG Sanco is still stuck in the College of Commissioners. It was postponed again until the meeting of 16th July but is likely to be pushed back to September if a deal is not struck with DG Markt. The clash between the two DGs concerns the problems with squaring the Communication on Sales Promotion with the "new" form of General Clause for a Duty to Trade Fairly. The Fair Trade Alliance is preparing a list of key messages to be presented to the Commission.
Advertising to children on TWF agendaMarita Ulvskog presented her summary of the Swedish Presidency to the European Parliament's Culture Committee on 26th June. She argued that the Commission must study the effectiveness of advertising self-regulation in protecting minors and that further provisions should be incorporated into the treaty. She claimed that advertising to children would now be on the agenda for the review of the Television Without Frontiers Directive.
BroadcastingState Aid and Public Service BroadcastingAt the June Culture Council the Ministers took note of four key points of the guidelines:
Guidelines for State Aid: Hearing 10 September 2001The hearing for private broadcasters on guidelines for State Aid took place in DG Competition on 10th September. At a previous hearing for Member States representatives the UK and France expressed concern that the paper did not address the question of broadcasters moving into online services. The Commission also expressed concern on the issue of proportionality in the use of public funds e.g. if an entertainment channel would be proper use of public money. A hearing is also due to take place in November dealing with the finance and other aspects of Public Service broadcasting.
Review of Transfrontier Television ContentionThe Council of Europe Standing Committee on Transfrontier Television met to debate the rights of the public to access through free to air broadcasters' events of major importance. Split screen advertising was also a major issue as concern was expressed over the separation of advertising and editorial content. Turkey and Germany were the most actively supportive of the technique whilst Portugal, Sweden and Norway were not as keen. The UK did not take a position despite the fact that the regulatory body ®¢ the Independent Television Commission ®¢ has drawn up a code of conduct with Industry addressing this. The next Council of Europe meeting will be on 6th and 7th December.
Funding for digital TV and video archiveThe European Union has committed _1 million to create a digital archive for TV and video material called Amicitia. The project is being run by three public broadcasters, the BBC, SWR (Germany), ORF (Austria), the Dutch audiovisual archive the NAA and a German technology firm Tecmath. The archive should be available next year and it is hoped its material will facilitate the production of new TV programmes.
For more information on any of the following issues, contact Heidi Lambert Communications Tel: +44 1245 476 265. Internet regulation ContactsAngela Mills, Director of EPC: Tel: +32 2 231 1299 (Brussels) or +44 1865 310 732 (UK) angela.mills@epceurope.org. Heidi Lambert Communications: Tel: +44 1245 476 265 heidilambert@hlcltd.demon.co.uk.
|
