|
|
© 1996 - 2008 European Publishers Council All rights reserved
|
< back to press updates
EPC news - April 2002The monthly update on EU media issues
Market abuseJournalists' interests recognised in latest draft adopted by the CouncilIt has been a busy and confusing month for those following the market abuse directive. The Council of Ministers has endorsed a "Spanish" compromise adopted by the Council working group on 30 April which carves out an element of protection for financial journalists. The EPC and fellow industry interests breathed a sigh of relief as earlier indications were that European Parliament amendments adopted in the March Plenary guaranteeing a level of protection for journalists should they inadvertently report mistakes leading to a move in the money markets, were to be rejected out of hand. Whilst the text still falls short of the exemption for journalists called for by the EPC and journalists' associations, it does recognise the special nature of the media and represents a fair compromise between the proposals for the Parliament, industry and various member states. The Council will adopt its Common Position formally in June and the European Parliament's Second Reading will take place before the end of the year. For more on market abuse, contact heidilambert@hlcltd.demon.co.uk.
Rome IINew draft regulation imminentAs expected, the Commission has published a draft regulation on Rome II. Rome II has been a source of controversy in the past, and promises to deliver again as delays in publishing the draft have been put down to internal disagreements within the Commission. Rome II concerns which national law should be applied in disputes. For example, in defamation cases, the current Commission approach would permit a French citizen to claim he had been defamed by, or had his privacy invaded by an article published in an UK-based newspaper (if online, so much the better) to sue in the country where he feels the damage has been caused - so probably in France, according to French law. The current draft does apparently exclude existing areas already covered by other directives such as the TV Without Frontiers Directive and the E-Commerce Directive, both of which operate on the basis of country of origin but leave any issue not specifically covered by an existing law subject to the Rome II provisions. The EPC will be calling on the application of the principles of "country of origin" and "mutual recognition" in all cases to avoid publishers being potentially subject to 15 different jurisdictions. Publishers are particularly vulnerable, especially those who publish online where their publications can be accessed easily in any country. The EPC fears that online content provision in the EU could be seriously undermined by this regulation and that this approach to jurisdiction and applicable law will inhibit the development of electronic publishing and related services from a wide range of publishers and suppliers established in the EU. Following extensive lobbying and criticism at previous handling of this draft regulation, the Commission has finally decided that this will be open to full public consultation. For more on Rome II, contact heidilambert@hlcltd.demon.co.uk.
Data protection - cookiesLast minute cookies amendments adopted vital to ecommerce and online publishing industriesA crucial amendment on cookies, the user-friendly Internet tool used by the advertising and e-commerce industry to authenticate users and speed-up and simplify use of the Internet, has been adopted by the European Parliament's Justice and Home Affairs Committee in advance of the second reading plenary vote in May. All attention now turns to MEPs to ensure that this get1s through the plenary session. The amendment removes the word "prior" from the text, meaning that users and subscribers must still have access to clear and precise information about the purposes of cookies or similar devices - but not in advance of a cookie being sent. The text also still allows the user the opportunity to refuse to have a cookie or similar device stored on their terminal equipment. For more on cookies, contact heidilambert@hlcltd.demon.co.uk.
Sales promotionEP in-fighting on mutual recognition principleThe European Parliament's Environment and Legal Affairs Committees are head-to-head on the sales promotion directive: Legal Affairs is in favour of the proposal subject to minor modifications whilst the Environment Committee members are calling for the proposal to be withdrawn by the Commission. Their main concern seems to lie with the principle of mutual recognition which would, they say, be inadequate consumer protection. The EPC will be lobbying in favour of this principle which protects its members from being potentially subject to 15 different systems of regulation. For more on sales promotion, contact heidilambert@hlcltd.demon.co.uk.
EcommerceCommission adopts proposals to combat cybercrimeThe Commission has adopted a proposal for a Council Framework Decision on "Attacks against information systems" addressing the new most significant forms of criminal activity against information systems such as hacking and viruses. This decision seeks to ensure that Europe's law enforcement and judicial authorities can take action against this new form of crime. For more information click here.
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.
|
