Europe’s magazine media are constantly innovating to find new and interesting ways to share knowledge and insights on any and every area of special interest – from politics, to IT,-and knitting – with their valued customers. Legal certainty is essential when publishing content. Any measures hindering freedom of expression pose a threat to press freedom.
EMMA defends press freedom vis-à-vis EU policy and decision-makers, which can be impacted by issues such as data protection; applicable law and jurisdiction; net neutrality; and policy concerning e-commerce.
a. Revision of Brussels I Regulation
b. Revision of Data Protection Directive
c. Net Neutrality policy
d. E-commerce Communication
e. Review of Data Retention Directive
f. Communication on an EU approach to collective redress
g. Proposal to amend Directive on the Community Code for medicinal products
a) Proposal for a revision of the ‘Brussels I’ Regulation
The initiative:
- Proposal for a Regulation on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (‘revising Council Regulation (EC) No 44/2001, the Brussels I Regulation’)
Relevance for magazine media:
- The draft Regulation proposes the abolition of exequatur (which allows for the possibility to contest the enforcement of a foreign judgment), but excludes judgments ‘concerning non-contractual obligations arising out of violations of privacy and rights relating to personality, including defamation’. While it is good that at least for these cases a minimum safeguard for the press could be maintained, we believe that this exception is not sufficiently adequate to cover all cases threatening press freedom, like for example claims based on alleged discrimination.
- The total abolition of exequatur would, in addition, expand the possibilities for so-called ‘forum-shopping’, a practice that is extremely problematic. At present, even marginal distribution of a publication in another Member State is enough to allow a plaintiff to pursue a claim against a publisher there. This allows plaintiffs to target those countries with the most restrictive freedom of speech laws.
Further information
- Commission proposal (COM(2010) 748)
- Contact person: Catherine Starkie – Senior Legal Adviser – catherine.starkie@magazinemedia.eu - +32 (0)2 536 0602
b) Revision of the Data Protection Directive
The initiative:
- Revision of Revision of Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data
Relevance for magazine media:
- The current Directive makes provision for the use of personal data for journalistic purposes (Article 9), without which editorial freedom is not possible.
- The Directive is also important insofar as it sets out rules which govern publishers marketing practices, which are vital means of preserving readership.
- The fear is that well-intentioned ideas when applied to paper in the Commission proposal for a revised Directive might have the unintended effect of negatively impacting the possibility to safeguard readership or quality press, thereby harming freedom of expression; provision of quality journalism; media diversity; and ultimately democracy.
Further information
- Commission Communication on ‘A comprehensive approach on personal data protection in the European Union’
- Contact person: Catherine Starkie – Senior Legal Adviser – catherine.starkie@magazinemedia.eu - +32 (0)2 536 0602
The initiative:
Development of EU policy on net neutrality.
Relevance for magazine media:
- It is a fundamental basis of press freedom in a democratic society to protect access to information in the course of journalistic research; the production of press products; and distribution to readers, both offline and online. These essentials guarantee a competitive press and thus a free, independent, diverse and vibrant press. Important elements for the freedom of the press are therefore also neutral and non-discriminating transport- and distribution systems.
- Europe’s magazine media invest a lot money in providing professional, trusted, quality content, that drives a significant amount of traffic to the digital platforms accessed by citizens. Indeed, consumers are increasingly enjoying their content in digital form on a variety of platforms, as well as in print. It is therefore crucial that our sector is consulted in any debate on issues that will impact delivery of this content.
- Non-discrimination and non-prioritisation of content is key in order to maintain competition between providers of editorial content and to enable the diversity of the press across Europe. It is therefore essential that the principle of “net neutrality” is respected to ensure freedom of expression – a prerequisite of a democratic society – and delivery of quality content.
Further information
- Commissioner Kroes speech on net neutrality (March 2011)
- Contact person: Catherine Starkie – Senior Legal Adviser – catherine.starkie@magazinemedia.eu - +32 (0)2 536 0602
The initiative:
- Upcoming Commission Communication on e-commerce which will include an Action Plan to tackle barriers related e.g. to payments, order delivery, liability of service providers on the internet, the fight against counterfeiting and data protection.
Relevance for magazine media:
- Europe’s magazine media are working hard and investing significant sums of money to develop a range of new online business models aimed at offering choice and diversity of access to professional editorial content in the future. They value rules that protect the ability to earn revenue from a wide variety of sources. These include the copyright value of content, the attraction of aggregators and intermediaries who are willing to pay for reposting and retransmitting legitimate content, and sponsorship and advertising revenues linked to the presentation of content online. In this regard, any changes made to, for example, copyright and data protection rules must strike a careful balance.
- Maintaining the ‘internal market clause’ of the current “E-commerce Directive” (Directive 2000/31/EC) is the necessary precondition for a vibrant and critical online press. It is practically impossible to consider the laws of all 27 Member States before publishing an article, but also inappropriate in view of the importance of press freedom as a fundamental right. The current provisions on limited intermediary liability are also indispensable for safeguarding free information flows, encouraging e-commerce development, and promoting broader use of ICTs. A particular concern for Europe’s magazine media is that further responsibility for them, especially for forums, would considerably diminish the necessary freedoms of the digital press.
- The possibility for Member States to apply the same reduced VAT rates to digital content as is applied to paper magazines, should also be a part of any new e-commerce policy.
Further information
- Commission Consultation on the future of electronic commerce in the internal market and the implementation of the Directive on Electronic commerce (2000/31/EC)
- Contact person: Catherine Starkie – Senior Legal Adviser – catherine.starkie@magazinemedia.eu - +32 (0)2 536 0602
e) Review of the Data Retention Directive
The initiative:
- Revision of Directive 2006/24/EC on the retention of data generated or processed in connection with the provision of publicly available electronic communications networks (“Data Retention Directive”).
Relevance for magazine media:
- Under the current Data Retention Directive, personal data must be ‘retained for periods of not less than six months and not more than two years from the date of the communication.’ A particular concern of Europe’s magazine media is that the current rules could easily become a threat to press freedom by affecting the protection of journalists’ sources.
- Any changes to the current rules must ensure that sources are protected for editorial purposes (unless clear evidence of criminal involvement) to avoid any chilling effect.
Further information
- Home Affairs Commissioner Cecilia Malmström’s speech ‘Taking on the Data Retention Directive’ (December 2010)
- Contact person: Catherine Starkie – Senior Legal Adviser – catherine.starkie@magazinemedia.eu - +32 (0)2 536 0602
f) Commission Communication on Collective Redress
The initiative:
- Upcoming Commission Communication following its Public Consultation in February 2011 on a ‘Coherent European Approach to Collective Redress’
Relevance for magazine media:
- As a major branch of the media industry, Europe’s magazine media believe that it is of vital importance to have a well-balanced and reasonable EU policy approach to the issue of collective redress.
- EMMA strongly opposes introducing a system of collective redress which, experience suggests, poses the risk of being inefficient, costly and open to abuse. We also urge the Commission to undertake a thorough impact assessment if it should propose any type of legislation in this field, taking into account the repercussions for the press sector.
Further information
- Commission Green Paper on Consumer Collective Redress (2008)
- Contact person: Catherine Starkie – Senior Legal Adviser – catherine.starkie@magazinemedia.eu - +32 (0)2 536 0602
g) Proposal to amend the ‘Patient Information’ Directive
The initiative:
- Proposal for a Directive amending, as regards information to the general public on medicinal products subject to medical prescription, Directive 2001/83/EC on the Community code relating to medicinal products for human use (COD/2008/0256)
Relevance for magazine media:
- Magazines, and in particular health-related publications, are an important media for reporting on all health-related issues including reports on prescriptive medicinal products. It is essential that the right to report freely about these topics is maintained as it is a key source of information for European citizens as well as a basic principle of the freedom of the press.
- The printed media is a primary and trusted source for health information for many patients who consciously select health-related publications from a multitude of other publications for accessing this valuable content. Print media should certainly not be discriminated against – compared to other media – in their right to provide patient information to their readers.
- A ban on the possibility to disseminate information via health-related publications disadvantages numerous patients and contradicts the aim of better informed patients.
Further information
- Commission proposal (2008 / 0256 COD)
- Report of the European Parliamenton the proposal for a Directive
- Contact person: Max Abendroth – Executive Director –max.abendroth@magazinemedia.eu - +32 (0)2 536 0604