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EPC news - October / November 2005Your monthly EU media issues update direct from Europe's leading publishers
Dates for the diary
Business fears over-regulationControversy surrounding the terms of the Unfair Commercial Practices Directive due for implementation by June 2007 has led to discussions between Member States on the need for technical assistance in the transposition of the Directive into national law. The new provisions must be applied by 12 December 2007. This new law will ban unfair, misleading or aggressive advertising, marketing and other commercial practices used by businesses in their dealings with consumers. Furthermore, it sets out the criteria for assessing whether other types of commercial practices are unfair and as such would also be prohibited (The Directive does not cover any matters of taste or decency). In contrast to most other directives in the consumer protection field, the Directive does not permit the Member States to deviate from the standard specified in the Directive, even where this would result in a higher level of protection for consumers (there are a few specific exceptions to this in Art. 3 of the Directive). Business is therefore very concerned that Member States will go beyond the provisions in the Directive and has called on the Commission to play an active part in the implementation process.
Services directiveServices directive shelvedThe UK Presidency has stopped pushing for agreement on the controversial "Bolkestein directive", aimed at opening up the European services markets in order to improve Europe¹s economy, following MEPs' decision to delay a crucial first reading vote on the bill until next year. The committee vote is delayed until 21 November and the plenary now due in January next year. Both the parliament and Member States remain divided on how far the liberalisation of services (70% of the EU¹s economic activities) should go.
Electronic commerceUK Launches "Get Safe Online" InitiativeThe UK Cabinet is working on a joint public and private sector programme which aims to raise awareness of Internet security amongst the general public and small businesses via a website. " Get Safe Online" will provide advice on how to stop viruses, block hackers, tackle spyware, and protect personal data. It will also offer free downloads of antivirus and firewall software via links to other sites. The first phase of the campaign is due to be launched this month. Sponsors so far include Microsoft, Dell, HSBC, Lloyds TSB and eBay, but Get Safe Online is still well short of its target for funding. http://www.getsafeonline.org.uk The EU-US Internet WarFormer Swedish Prime Minister Carl Bildt has criticised the EU¹s new opposition to continued US regulation of the Internet. Currently, the Internet's names and routes are monitored and controlled by ICANN, a semi-independent organisation based in the US. The EU switched sides following complaints from a group of nations led by Iran, China and Brazil that leaving the Internet in control of just one country "lacked legitimacy." Eurocrats have come up with a scheme to create a transnational advisory body to monitor maintenance of the Internet winning the support of both Saudi Arabia and Iran. Writing in the International Herald Tribune, Bildt writes: "This is not where Europe should be on these issues. The Internet is vital to our future, and we Europeans should be as keen as anyone to preserve the essence of a system that has worked amazingly well. If that entails leaving some ultimate safeguard powers in the hands of the United States, that's certainly better than having theocrats or autocrats around the world getting their hands on the levers of control. Europe should not be proud to receive "Enthusiastic applause from Tehran, Beijing and Havana. The EU-US row over internet governance is expected to come to a head at the World Summit on the Information Society, which will take place in Tunis from 16 to 18 November 2005.
Audiovisual and General Media policyCommission hits back at report on TVA hard-hitting report by the Open Society Institute criticising the dumbing down and trivialisation of TV content throughout Europe is partisan in favour of public service broadcasting and harps back to an age of little consumer choice, according to Adam Watson-Brown of DG Information Society. The OSI's study is on 'Television across Europe: regulation, policy and independence'. The 2,000-page paper analyses the situation throughout Europe, focuses on 20 selected countries and gives recommendations for policies. UN passes controversial "cultural diversity" treatyThe controversial United Nations treaty to protect cultural diversity was passed on October 20, despite virulent opposition from the US, which fears limits on the exports of its films and television programmes. The UNESCO General Conference, meeting in Paris, formally adopted the Convention on the Protection and Promotion of the Diversity of Cultural Expressions after being approved in a vote by 148 countries. Reflecting the view that cultural goods are not mere merchandise, but expressions of unique cultural identities, the Convention legitimises public aid policies to help the culture industry, not least the promotion of national film industries. However, the old transatlantic dispute over the 'cultural exception' lingers on as the United States has accused the UNESCO treaty of going against WTO free-trade obligations and encouraging protectionism. The text was negotiated on behalf of the EU member states by the European Commission and the Council Presidency.
Football rightsIs BskyB losing its grip?ITV and NTL have joined up to bid for the next round of Premier League TV rights in an attempt to break BSkyB's exclusive grip on the most coveted football league. The UK¹s largest commercial terrestrial broadcaster and the most powerful cable operator are offering at least £170m a year for half the games made available in the next auction, for the 2007 to 2010 seasons. The informal agreement is predicated on the European Commission forcing through its demand - fiercely resisted by the league - that no single broadcaster can win more than 50% of the matches up for auction. However, the latest information is that senior Labour politicians, including the chancellor, Gordon Brown, have directly intervened in the dispute between the Premier League and the European Commission over how top-flight football games are televised. Following a sudden change in position, the Commission has now agreed to a watered-down deal whereby BSkyB, the pay TV broadcaster controlled by Rupert Murdoch, could hang on to much of its lucrative monopoly of live Premiership football. It is thought that the UK Government was instrumental in brokering this deal despite the fact that national governments are not supposed to become involved in European competition issues.
CopyrightEuropean Commission recommends boost to slow digital music businessThe European Commission has recommended removing some restrictions on online rights for music, in an effort to stimulate the slow-moving European digital music business. The recommendation puts forward measures for improving the EU-wide licensing of copyright for online services. Improvements are necessary because new Internet-based services such as webcasting or on on-demand music downloads need a license that covers their activities throughout the EU. The absence of EU-wide copyright licenses has been one factor that has made it difficult for new Internet-based music services to develop their full potential. http://europa.eu.int/comm/internal_market/copyright/management/management_en.htm
Data protectionData retention: controversial debate goes on with no decision in sightThe Justice and Home Affairs Council will have to discuss data retention again if a decision is to be reached by the end of the year. Despite UK Minister Charles Clarke¹s bullish stance, several of Europe¹s justice ministers failed to give the go-ahead on the framework decision on data retention. The proposal includes derogations for national governments retaining data, including mobile phone numbers, call data, location and email addresses, for longer periods under domestic national security measures. In the light of July¹s bomb attacks on London, Charles Clarke has asked the European Parliament to agree measures quickly at its first and only reading, threatening to ensure the European Parliament has no more say on JHA matters in the future if they do not comply. With regards to the content of the Commission proposal, the JHA Council made it clear they will not accept the maximum terms proposed by the Commission. They can live with the minimum of 6 months for internet data and 12 months for telephony, but wish to reserve the freedom to extend this period to 2 years, or as long as the member states have already seen fit. This is a specific gesture to Italy and Ireland, who have introduced data retention for 4 and 3 years respectively. Secondly, the Council does not want a general cost reimbursement for the industry, but wants to leave it to member states. Thirdly, the Council still insists on the inclusion of failed call attempts. But on another crucial point about the scope of the obligation, Commission and Council seem to agree. According to sources around the Commission, all data mentioned in the Annex must be captured by all parties that can possibly detect them, both by network operators and by service operators. This means the term "data generated or processed by providers" includes any data transported on any network. This causes great concern when it comes to internet data, that can only be captured successfully by the party that actually provides the services, not by operators that merely let the data pass through their pipelines. If Commission and European Parliament agree on this very wide margin of interpretation, in reality all providers will have to create full wiretaps on all their networks to capture every byte and select the appropriate traffic data from this immense data mountain. There are still only two countries in the EU with actual and legal data retention legislation, Italy and Ireland, but both only for telephony, not for internet data. High-level panel of jurists consider human rights and anti-terrorism measuresIn the meantime, the Geneva-based International Commission of Jurists
has asked The "eminent jurists panel" includes Mary Robinson, former United Nations High Commissioner for Human Rights and will spend 18 months examining how governments can combat terrorism effectively while respecting human rights and the rule of law. Justice and Home Affairs Council Conclusions (12-13.10.2005) http://www.fco.gov.uk/Files/kfile/JHA_12Oct_Results,0.pdf BBC: EU states agree phone record law (12.10.2005) http://news.bbc.co.uk/1/hi/world/europe/4335058.stm Last JHA Council version (10.10.2005) UK Presidency letter to Council (05.10.2005)
GeneralPublishers Forum 6.12.05, Brussels: EU media affairs under spotlight at President dinner and industry forum5 and 6 December will see EU media affairs under the spotlight in Brussels as the Chairmen and CEO members of the European Publishers Council attend a private dinner with EU President Jose Manuel Barroso followed by the "Publishers¹ Forum", organised jointly with other publishers¹ organisations and the European Commission. With keynote speaker Commissioner Reding, the forum will discuss three main themes: Competitiveness; Freedom of expression and Public Policy Objectives, including how we as a sector respond to these in a responsible way. During the morning there will be a panel discussion focussing on issues of direct concern to the Freedom of Expression such as applicable law, content regulation, advertising, data protection and e-commerce. In the afternoon there will be a second panel of expert speakers to demonstrate publishers' efforts in the areas of Sustainability, Literacy and Learning.
For the very latest updates and inside track on any EU media issues,
please contact:
MembersExecutive Director: Angela Mills Wade Press Relations: Heidi Lambert Chairman: Mr. Francisco Balsemao, Chairman and CEO, Impresa, Portugal
Mr. Kjell Aamot, CEO, Schibsted, Norway
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