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19.01.2007 / The EU PARL adopted the ROME II Regulation in the second reading - defamation was excluded
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A very concerted and united media lobby effort between 2002 and 2006 had ensured that the issue of defamation was excluded from the scope of this much-discussed proposal.
However, the European Parliament adopted its Report at second reading in January 2007, reintroducing the defamation article. The wording is favourable for the media sector (providing for country of principal destination of the media or country of editorial decision-making, rather than the country of the defamation ‘victim’).
This adoption follows almost a year of discussions within the Council of Ministers who cannot, in fact, reach an agreement on the defamation wording, so they had previously decided to exclude defamation entirely from the scope of Rome II (an acceptable alternative for the media).
Because it is clear that the Council will not agree to the Parliament’s wording, the Rome II text will now be subject to the ‘conciliation procedure’, which will be co-chaired by the German Presidency of the EU and Diana Wallis, MEP, the Rapporteur responsible for Rome II.
The conciliation discussions will last approximately six months and the German’s hope to have it terminated by the end of their Presidency in July 2007. There is no scope to introduce new provisions, rather negotiations will involve the Council and Parliament accepting or not the various different provisions that were adopted (it should be noted that Rome II covers many other areas than defamation and there are other provisions of contention between Council and Parliament).
For further information please contact David Mahon: firstname.lastname@example.org
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