Publishing companies are sensitive to fluctuations of advertising volumes which often account for more than half of print newspapers’ revenues. The vast majority of online press is almost 100 % financed by advertising. Advertising self-regulation is currently under scrutiny by the European Institutions which are trying with so called “Lifestyle-Regulations” to influence and lead the consumers about the health and ecological consequences of their consumption.
ENPA opposes the introduction of any advertising restrictions even in the form of information requirements. These could lead to a shift of advertisements from newspapers to other commercial means and are therefore threatening the advertising revenues of many print and online newspapers across Europe.
Without a free advertising market, the diversity of media and their independence could be endangered thus weakening one of the fundamental pillars of our democratic societies. ENPA insists on the need to preserve freedom of commercial expression. Introducing advertising restrictions also contravenes the right of freedom of expression, one of the fundamental values recognised by the European Union.
Content Online
Building on the context for the EU i2010 strategy, as the market for online creative content is emerging and ever changing, innovative business models and the deployment of cross-border delivery of diverse online creative content services need to be supported in order to achieve this transformation. This is vital for newspaper publishers.
ENPA urges the Commission to ensure that creative and media contents evolve in an appropriate legal environment without obstacles and with certainty, especially in terms of copyright protection. However, the Content online initiative should not be used by the Commission to establish further content restrictions which could become obstacles to freedom of expression and access to information.
A strong copyright protection for newspapers’ content on all platforms is indispensable to safeguard the viability and the competitiveness of the press sector in Europe. Publishers’ investment in the production and dissemination of news needs to be preserved against any third party using newspapers’ content without prior authorisation and without payment.
ENPA also calls on the policymakers in the Member States to recognise publishers as first owners of the works produced by their employees or at least to provide a legal presumption of copyright transfer in order to remain competitive in knowledge-based economies. As far as collective administration of copyrights and related rights is concerned, publishers must have the option to manage rights pertaining to their own content. Collective administration of rights should therefore always remain voluntary and not compulsory.
Environment
Newspaper publishers are aware of the role that their newspaper editorial coverage plays in enhancing the public's awareness of environmental problems. Newspapers have already used recycled newsprint for a long time. At the same time, ENPA rejects any attempt by European policy makers to regulate the rate of collection of newspapers for recycling or the percentage of recycled paper used in newsprint.
Jurisdiction
The Brussels I Regulation defines the home for the competent court in cases of violation or harmful events. Article 5.3 of Brussels I regulation rules that in this field, the competent court is the place where the harmful event occurred or may occur.
The European Commission is currently studying the implementation of the Regulation in Member States to possibly review the legislation. ENPA believes that the jurisdiction most suitable for newspaper publishers’ activities is the court of the country where they are established or country of origin. The country of origin principle respects press freedom as the national court judges on the basis of press freedom law and principles of its home country’s law which provide legal certainty.
Media literacy
A distinction must be drawn between education with newspapers and education about newspapers. ENPA strives to ensure that policymakers are fully informed about the already extensive work of newspaper publishers to contribute to the public’s awareness about the role of newspapers in a democratic society and the variety of content that they offer, as well as educating people about the legitimate use of copyrighted content.
Media Pluralism and Information Diversity
Despite calls for action from some politicians, there is no competence for the EU to act at European level on media pluralism as this remains the exclusive competence of national authorities. Newspapers around Europe provide a highly diverse content diet adapted to local cultural needs. Publishers need improved flexibility to be able to develop their business models to survive in a fast evolving media landscape.
Newspapers and Search Engines
On 18 May 2009, ENPA adopted a statement underlining that respect for copyright legislation by search engines and other news aggregators based on right holders’ prior consent (opt-in) is essential to ensure a proper basis for discussions and partnerships with newspaper publishers. Furthermore, publishers have developed and support ACAP, a permission-based solution allowing any content provider to express what can or cannot be done with their online content. To run their own businesses, news aggregators rely and depend on content produced by others, originating in most cases from newspapers. Without content provided by our industry, these news services would not be viable and would probably not even exist.
Press Freedom
Newspapers play a vital role in upholding true freedom of expression in Europe because of their editorial independence from governmental or other influences. Freedom of the press should, for example, be fully considered in all policies at the European level e.g. related to the development of law on defamation or combating of terrorism or equality and diversity. Freedom of expression is statutorily guaranteed by the European Convention on Human Rights, a Convention to which the European Union would accede if the new Lisbon Treaty is adopted.
Reform of the Electronic Telecommunications Framework
The reform of the Telecoms Package which is currently under discussion is relevant for the newspaper publishing sector from various perspectives. First of all, ENPA has tried to avoid further legal and technical restrictions for the use of cookies in the online environment. Secondly, ENPA has also worked to ensure that the Telecoms Package would fully respect freedom of expression and access to information: certain decisions in the field of access to and control of content can only be taken by a judicial authority and not by an administrative authority or an ISP. Furthermore, ENPA has supported the principle of network/content neutrality, believing that allowing network providers to provide preferential treatment for certain internet traffic would challenge the essentially democratic and innovative nature of the internet.
Right of the public to information on major events / Sports’ rights
ENPA works to ensure that no communications or legislation at the European level include any mention of restriction to the right of the media to report on sports events or to the right of the public to receive newsworthy information on such events. Whilst publishers clearly respect that rights’ holders must protect their investments in exclusive rights, they maintain that full reporting access rights should be granted to press journalists in the interest of protecting freedom of expression, in accordance with Article 10 of the European Convention on Human Rights
State Aid to Public Service Broadcasting
On 2 July 2009, the Commission adopted its updated Communication on the application of state aid rules to public service broadcasting (“Broadcasting Communication”) containing the basic principles and requirements for assessing the funding of public service broadcasters. The remit of public service broadcasters must be shaped in order to balance public and private interests at national level particularly in the online environment. This means taking competition with online newspapers in particular into consideration through independent nationally implemented market impact assessments for public service broadcasters’ new services.
VAT – Value-added Tax
ENPA reiterates its commitment to zero-rate VAT on newspaper sales, set by national governments, not at the European level. Zero, reduced or super reduced rates represent a powerful cultural policy tool to encourage reading and improve knowledge. Without favourable VAT rates, more expensive newspapers would mean fewer readers, advertising losses to newspaper publishers and decreases in revenues of taxes for states. Moreover, it is important to ensure equal treatment between the different media (paper or electronic/other) within the newspaper industry.