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The European Parliament has voted in its second reading on the Rome II Regulation to reintroduce the rules regarding the defamation by media or publications via the Internet and other electronic networks. The Rome II regulation is establishing the rules on the applicable law to non-contractual obligations. . The member states and media organizations wanted a simple formula to be introduced and not to apply the general principle - the applicable law to be that of the country in which the defamed person lives. That would practically mean that every media company would have to know the privacy and defamation laws of every European country.
At the first reading in July 2005, MEPs had approved a compromise amendment that regulated the violation of privacy by a printed or audiovisual media. The Council decided to delete this provision from its Common Position. In the vote in plenary, MEPs decided to reintroduce the same rules, as adopted at the first reading.
The Parliament's amendment suggests that in the case of print or broadcast media the law which should apply in disputes is the law of the country to which the publication or broadcast is most directed. That must be determined in particular by the language of the publication or broadcast or by sales or audience size in a given country as a proportion of total sales or audience size or by a combination of those factors. If that is not an easy fact to determine, the relevant law will be the one of the country where editorial control is exercised. This provision will apply also to publications via the Internet and other electronic networks. Regarding the right to reply, the applicable law should be the law of the country in which the publisher or broadcaster has its habitual residence.
Strong disagreemnts between the Council and the Parliament still exist especially on the defamantion rules. According to Commission Vice-President Franco Frattini, who spoke before the vote, on the approved rules on defamation, "there is no way they will get through" in the Council.
MEP Diana Wallis stated her satisfaction on the result of the vote, but also warned: "We may not have reached the end of the story of Rome II; by again passing these amendments there will almost certainly have to be a conciliation process to iron out the final difficulties between the European law-making institutions."
The text adopted by the Parliament should go now through the conciliation procedure, where Member States and MEPs, equally represented, will have to debate further to find a compromise and approve the Regulation.
Rome II: MEPs reintroduce rules on defamation (18.01.2006)
http://www.europarl.europa.eu/news/expert/infopress_page/008-1942-015-...
European Parliament stands firm on cross-border defamation law(2.02.2007)
http://www.out-law.com/page-7726
EDRI-gram: Rome II: Applicable law and freedom of expression (29.06.2005)
http://www.edri.org/edrigram/number3.13/RomeII
EP Legislative Observatory Rome II file
http://www2.europarl.eu.int/oeil/file.jsp?id=235142