Media welcome Rome II agreement
21 May 2007by eub2 -- last modified 21 May 2007
European Publishers, Journalists and Broadcasters representatives welcome the outcome of conciliation on Rome II and the exclusion of violation of privacy and rights related to the personality from the scope of the Regulation.
Advertisement
ENPA, FAEP, EPC, EBU, FEP, IFJ/EFJ and Presse Liberté expressed their satisfaction with the results of the conciliation process between the Council and the European Parliament on Rome II – the draft Regulation on applicable law to non-contractual obligations.
European publishers, journalists and broadcasters organisations welcome the confirmation that violation of privacy and rights related to the personality is completely excluded from the scope of Rome II.
They also wish to congratulate the Council and most particularly the rapporteur and vice President of the European Parliament Diana WALLIS for the work achieved and for her support to press freedom in trying to find a solution on this complex issue.
The main issue at stake for the media in Europe in this Regulation was about which law would apply in case of cross-border litigation based on violation of privacy and rights related to the personality including defamation.
In applying either the law of any country in which damage arises or is likely to arise or if this law would be contrary to the fundamental principles of the forum as regards freedom of expression and information the proposed Regulation would have permitted the plaintiff to organise a shopping of law in the different Member States’ jurisdiction in order to seek redress against a newspaper, a magazine, a TV program or a book.
ENPA, FAEP, EPC, EBU, FEP, IFJ/EFJ and Presse Liberté reacted strongly against such a proposed measure which could have a detrimental effect on freedom of the press and freedom of expression as it is safeguarded in the different EU Member States. This measure would also have created a high level of uncertainty for the daily work of the press sector.
Ultimately, not only it could prevent publication of news and information but it could also seriously prejudice citizens’ access to information.
Concerning the review clause, publishers, journalists and broadcasters hope that any future analysis or study by the Commission on violation of privacy and rights related to the personality will appropriately consider freedom of the press and freedom of expression. They welcome the reference to this fundamental right in the review clause but call on the EU institutions for cautiousness in this future review.
ENPA – European Newspaper Publishers' Association – is a non-profit association currently representing 5,100 national, regional and local newspapers. These daily, weekly and Sunday titles are published in 24 European countries where ENPA's members are operating in their national markets.
ENPA – European Newspaper Publishers' Association