The EU and Media Law

Matrix is holding a series of seminars on EU law in different areas of practice. The last seminar was on EU and Media law with Aidan O’Neill and Sara Mansoori giving talks and Hugh Tomlinson QC as the Chair.

Sara’s slides from the seminar can be found below. They cover a broad range of matters: the Charter; the Data Protection Act 1998 and the Privacy and Electronic Communications Regulations 2006; Jurisdiction in EU cases and the current debate relating to conflict of laws; and ATVOD, the Authority for Television on Demand. The slides are not intended to go into the details of each of these topics; the idea is to give a flavour of the types of EU Media issues that exist and current topics of debate.

One such area is the Working Document on Amendments to Rome II which suggests that there is at least an arguable case that a legal basis exists for an EU Media law.  Given the history of trying to agree amendments to Rome II in relation to media law, such a proposal is (to say the least) ambitious. The Working Document recognises this and suggests – as a fall back position if harmonisation of defamation laws could not be achieved – a European level ADR for defamation claims with EU cross border elements.  More detail is necessary before any view can be taken as to the merits of this suggestion, but it raises difficult issues about which country’s laws would be applied and who would sit as mediators in such cases.  Parties have to understand exactly how a system will work in order to judge whether it is in their best interests to use it.

Sara Mansoori’s slides can be found here: Matrix EU and Media Law

Aidan O’Neill’s Paper on EU Law and Freedom of Information can be found here: EU Law and Freedom of Information

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