02 .

How to overcome uncertainty?
www.magazinemedia.eu
02. 2012
Summer
Content
Advertising (p.2-p.3)
Copyright (p.2-p.4)
Data Protection (p.2)
Digital Agenda (p.2)
Digital Single Market (p.3)
EMMA Agenda (p.4)
EMMA News (p.4)
EMMA Special Events (p.4)
European Commissioner :
Joaquín Almunia (p.3)
Media Pluralism (p3)
Orphan Works (p.3)
Open data (p.2)
Taxation (p.2)
Consumer Agenda (p.2)
EMMA Strategic partner:
What will happen if direct marketing for
magazine subscriptions is no longer
possible without explicit consent from the
consumer? How easy will it be to build a
sustainable digital business using new
advertising techniques and offering an
attractive user experience if there is an
‘opt-in’ regime for profiling? Without the
possibility of reduced VAT rates for
either print or digital magazines in the
future, what challenges will this pose for
the development of magazine media
businesses?
These are three questions that should be
on the table of all magazine media businesses today, as they directly impact any
business strategy. And they will all be
decided in Brussels. One could add
many other topics to this list that go to
the heart of magazine businesses, such
as copyright, competition issues, do-nottrack standards, and discrimination in the
dissemination of digital content.
In order to overcome uncertainty and
avoid bad surprises it is important to be
part of these debates and the opinion
forming processes at national and at EU
level. 80% of relevant national legislation
for magazine publishers originates from
the EU. EMMA therefore engages
regularly with the relevant people taking
decisions at EU-level and works to bring
the publishing community closer to these
people, as it is publishers themselves
that can provide first hand insights and
best demonstrate the very real threats to
businesses. Initiatives lined up for the
second half of 2012 include an EU study
tour “Digital Brussels”. There will also be
an workshop with the Commission’s
Health and Consumer Policy directorate,
which will allow editors to find out more
about recent EU initiatives.
It fits well that EMMA launched the
Future Media Lab.*1 in February 2012 ,
a new project with a think-tank format
EMMA | Square du Bastion 1A, B-1050 Bruxelles | www.magazinemedia.eu | [email protected]
Max von Abendroth
EMMA Executive Director
that aims to decrease uncertainties, by feeding the
legislative process
with the best possib le
kno wle dge
about the future of
our sector and its
requirements. This complements the
detailed legal work being done by the
highly committed EMMA team on data
protection, e-privacy, VAT, copyright and
over 20 other issues we are currently
following.
Enjoy reading this newsletter and please
do get in touch to discuss further. We are
looking forward to your involvement!
Max von Abendroth, EMMA
EXTRA web link:
*1 www.futuremedialab.info
4.137
magazine Apps worldwide in
January 2012.
(Source: iMonitor, McPheters & Company, 2012)
1
IN THE LOBBY
TAXATION
New industry commitment
alcohol advertising
for
Leading alcohol and advertising
industries presented in April a joint
commitment to tackle alcohol-related
harm. This “Responsible Marketing Pact”
aims at strengthening independent selfregulation for responsible alcohol
marketing communications across the
EU. The European Commission will
decide by the end of the year if it will
continue with the voluntary approach of
the European Alcohol and Health Forum.
Energy
products:
labeling of online ads?
towards
The European Commission is planning
to make the use of an energy label
m a nd ato r y
for
e ve r y
o nl i ne
advertisement for energy-related
products. EMMA has contacted the
Commission to express its concerns.
Under the current rules, only labelling of
the energy efficiency class is mandatory.
Revision of EU VAT rates:
the way forward
The revision of the EU VAT system lies
again in the hands of the European
Commission, now that Member States
have commented on its Communication
on the Future of VAT.
While the conclusions of the Council do
not go into details of which products
should benefit from reduced rates, they
leave the Commission the possibility to
analyse the current list of reduced rates.
This could lead to a review of this list to
take into account the latest technological
developments, notably in the press sector.
EMMA, together with other publishers’
associations, is calling on the Commis-
©
Yong Hian Lim - Fotalia
sion to align the VAT rates applicable to
digital magazines with those for print.
The impact assessment on the review of
the VAT rate structure will take place in
the second half of 2012.
Amandine Labé, EMMA
DATA PROTECTION
EMMA active in
data protection debate
With several Parliamentary Committees
now examining the Commission’s proposed Data Protection Regulation,
EMMA recently discussed its position in
a workshop organized in the European
The EU5 leads the US in terms of
smartphone penetration.
EU5:
(France, UK, Germany,
Spain, Italy).
US:
42%
39%
(Source: ComScore and MobiLens, October 2011.)
2
©
©
In the meantime, the “do not
track” (DNT) initiative of w3c, a USbased standardization organization, is
about to adopt its DNT standard, that
potentially allows for users to opt-out
from any tracking tool online.
Commission Vice-President Kroes
(Digital Agenda) is keen to endorse this
DNT standard for the EU.
EU Parliament
EMMA is part of an industry-wide group
shaping Europe’s OBA framework. As
part of this process, EMMA sits on the
Board of the European Interactive Digital
Advertising Alliance (EDAA).
Jan Philipp Albrecht
“Do-not-track” standard on its
way to Europe
MEP Jan-Philipp Albrecht
Green, Germany
New EU consumer strategy
The European Commission published on 22
May its “Consumer Agenda” that sets its
objectives as regards consumer policy for
the coming years.
The Communication announces numerous
initiatives of relevance for publishers in the
food, energy, financial, transport and digital
sectors.
Parliament, explaining the need to safeguard press freedom, press distribution,
and d ig ital b us ines s
mode ls .
A Parliamentary hearing is expected in
the autumn, as is the draft report from
Green MEP Jan-Philipp Albrecht for
the Civil Liberties (‘LIBE’) Committee.
EMMA has also recently submitted comments to consultation by the Council of
Europe on the modernisation of the Convention for the Protection of Individuals
with regard to the automatic processing
of personal data (known as Convention
108). We call for amongst other things
improvements to protect press freedom.
The revision process is set to be concluded later this year.
Catherine Starkie, EMMA
Enforcement should
quicker and cheaper
be
easier,
The Commission continues to consult stakeholders on the need to revise the EU’s Directive on Enforcement of Intellectual Property Rights. EMMA members from across
the EU, in response to an EMMA survey on
the impact of copyright infringements, have
indicated that civil procedure rules should be
changed to make enforcement easier,
quicker and cheaper.
EMMA | Square du Bastion 1A, B-1050 Bruxelles | www.magazinemedia.eu | [email protected]
ORPHAN WORKS
Informal agreement reached
on Orphan Works
The Commission must however submit a
report annually concerning the possible
inclusion of publishers as beneficiaries.
The outcome now awaits the final
approval of the Parliament and Council.
Catherine Starkie, EMMA
EU Parliament
Joaquín Almunia, Vice-president of
the European Commission and
E uro pe an C om m is s io nne r fo r
Competition
©
On 6 June, an informal agreement was
made between the Commission, Parliament and Council on the proposed
‘Orphan Works’ Directive, under which a
work covered by copyright, but whose
right holder cannot be found, can be
made publicly available across the EU
following a ‘diligent search’. Rightholders, who can put an end to the orphan
status of a work at any time, can claim
appropriate compensation for any use.
EU Union
Statement on Google anti-trust investigation launched in November 2010
©
Beneficiaries are currently limited to
public institutions, which is a concern to
EMMA, along with the fact that they may
generate revenues, although this is
supposed to be limited to covering their
costs of digitising and making
available orphan works.
MEP Lidia Joanna Geringer de Oedenberg
S&D, Poland
Rapporteur for the Orphan Works Directive
MEDIA PLURALISM
Publishers face growing
threat of EU media pluralism
regulation
The European Union is going through a
deep crisis – not only economic and financial, but also democratic.
Faced with the deterioration of the press
situation in Hungary, and media freedom
under threat in several other Member
States - with Bulgaria a particular
concern - EU institutions have been criti-
cized by many stakeholders for being
powerless to enforce our common values
and fundamental rights within our own
borders.
In various platforms, hearings and parliamentary reports, the possibility of regulating media pluralism at EU-level to
solve these worrying national developments has been raised.
EMMA believes that media pluralism is
an issue to be dealt with at national level.
Restrictions on media freedom should be
addressed by proper enforcement of
national regulation and EU principles,
rather than additional legislation.
Amandine Labé, EMMA
Council Conclusions on Completing
the Digital Single Market
Publishers encouraged to make content available through Europeana
Following the Commission’s roadmap in
January 2012, the Council agreed Conclusions on completing the Single Digital Market on 30-31 May. It “looks forward to the
forthcoming Commission proposals on copyright” and, amongst other things, welcomes
the intention of the Commission to adopt an
overall strategy on cloud computing.
EU culture ministers have adopted Council
Conclusions on the digitisation and online
accessibility of cultural material, inviting
Member States to improve framework conditions for online accessibility of cultural material. Cultural institutions as well as publishers and other rightholders are encouraged to
make their digitised material accessible
through Europeana.
EMMA | Square du Bastion 1A, B-1050 Bruxelles | www.magazinemedia.eu | [email protected]
“Our investigation has led us to identify four concerns where Google business practices may be considered as
abuses of dominance.
First, in its general search results on
the web, Google displays links to its
own vertical search services. […] We
are concerned that this may result in
preferential treatment compared to
those of competing services, which
may be hurt as a consequence.
Our second concern relates to the
way Google copies content from competing vertical search services and
uses it in its own offerings. […] We
are worried that this could reduce
competitors' incentives to invest in the
creation of original content for the
benefit of internet users.
Our third concern relates to agreements between Google and partners
on the websites of which Google delivers search advertisements. […] This
potentially impacts advertising services purchased for example by
online stores, online magazines or
broadcasters.
Our fourth concern relates to restrictions that Google puts to the portability of online search advertising campaigns from its platform AdWords to
the platforms of competitors. […]
I offer Google the possibility to come
up in a matter of weeks with first proposals of remedies to address each of
these points. […] Any final proposal
by Google will be market-tested before it is made legally binding by the
Commission. Should this process fail
to deliver a satisfactory set of remedies, the on-going formal proceedings
will of course continue, including the
possible sending of a Statement of
Objections.”
Source: Commission press release,
21 May 2012 // Full speech:
http://bit.ly/MnpEb5
3
COPYRIGHT
EMMA NEWS
“Rome II” revision: good
outcome to Parliamentary report
EMMA Expert Groups:
new chairmen appointed
©
EU Parliament
EMMA has welcomed the adoption by
the European Parliament of an ‘owninitiative’ report, authored by MEP
Cecilia Wikstrom, calling on the
Commission to revise the “Rome II”
MEP
Cecilia Wikstrom
Sweden, ALDE
Regulation on the law applicable to noncontractual obligations.
The report suggests adding a provision
dealing with non-contractual obligations
arising out of violations of privacy and
rights relating to personality, including
defamation, which is currently not
covered by the Rome II Regulation.
Should this ultimately become law, it
would result in better legal certainty for
publishers. It would also help address the
problem of forum shopping. The
Commission will review application of the
Regulation next year.
Claudio Giua, Director for Innovation
and Development at Gruppo Editoriale
d’Espresso (Italy), joined EMMA’s Publishing Online Group as chairman. He
replaces Tomasz Jozefacki, Agora
(Poland), who is left Agora and the
publishing world.
Also EMMA’s VAT Task Force has a
new chairwoman: Marianne Bérart
Quelin, CEO of Société Général de la
Presse (France), replaces Arnaud
Decker who changed jobs within Lagardère Active.
+17%
Catherine Starkie, EMMA
every year
Internet display advertising is
the fastest-growing advertising
medium.
EMMA SPECIAL EVENTS
EU study tour “Digital Brussels”
8/9 October 2012
(Source: Zenith Optimedia 2012)
Spanish EMMA member ARI won
FIPP Research Award
The Spanish Magazines Association,
ARI, has won the overall prize at the
FIPP Research Awards on 29 May
2012 in London.
To get a first-hand impression of the
influence of the European Commission
and Parliament, together with digital key
players and consumer groups, when it
comes to shaping legislation for the digital
future, come to EMMA’s 2-day EU study
tour “Digital Brussels” on 8/9 October
2012, where you can meet some of these
key players face-to-face.
The entry, ‘ATENEA’, won the award
for Best Research by a National Association, and was the Overall Winner.
EMMA AGENDA
Contact [email protected]
24-25 September / BRUSSELS
Max von Abendroth, EMMA
EMMA quarterly meetings
8-9 October / BRUSSELS
Editors to meet DG SANCO
on 5 December 2012
Magazine editors are invited to meet the
health and consumer department of the
European Commission, for a unique oneday meeting that aims to inform editors
and journalists about the latest policy
initiatives. A lunch with European
Commissioner John Dalli as well as a
EU Study Tour
6 November / GHENT
EMMA Future Media Lab.
27-28 November / BRUSSELS
Q+A session with Director General Paola
Testori is also included. Contact
[email protected].
EMMA quarterly meetings
5 December / BRUSSELS
Max von Abendroth, EMMA
EMMA / DG SANCO workshop
19-20 February / BRUSSELS
EMMN & FML 2013
You can follow us on:
Max von Abendroth (D, EN, FR) Catherine Starkie (EN, FR)
Amandine Labé, EMMA
Executive Director
Senior Legal Adviser
+32 2 536 06 04
+32 2 536 06 02
[email protected]
4
@MagazineMedia
EMMA European Magazine Media Association
Amandine Labé (FR, D, EN)
EU Affairs Officer
+32 2 536 06 08
[email protected] [email protected]
Caroline Quintero P. (FR, SP, EN)
Communications Officer
+32 2 536 06 07
[email protected]
EMMA | Square du Bastion 1A, B-1050 Bruxelles | www.magazinemedia.eu | [email protected]
Copyright © 2012 EMMA