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IRIS 2024-8:1/18 [IT] AGCOM adopts regulations on out-of-court dispute resolution bodies and trusted flaggers under Articles 21 and 22 DSA

In the Board meeting of 24 July 2024, the Italian Communication Authority (Autorità per le Garanzie nelle Comunicazioni – “AGCOM”) approved the Regulations laying down the procedural rules for the certification of out-of-court dispute resolution bodies between online platform providers and service recipients (Resolution No. 282/24/CONS) and for the issuance of the qualification as trusted flaggers (Resolution No. 283/24/CONS) under, respectively, Articles 21 and 22 of Regulation (EU) 2022/2065 (“DSA”). The Regulations, which will enter into force on 15 September...

IRIS 2024-8:1/26 [IT] AGCOM sanctions RAI for hidden advertising during the Sanremo Festival

The Italian Communications Authority (AGCOM), by means of Resolution No. 94/24/CSP dated 24 July 2024, published on 5 August 2024, fined the Italian broadcasting company RAI EUR 206 580.00, equivalent to twenty times the minimum fine, for an incident involving the shoes worn by John Travolta during the 74th edition of the Sanremo 2024 Italian Song Festival. The Authority deemed it a case of covert advertising, concluding that the current regulations on the proper disclosure of advertising messages had not been adhered to. RAI argued that it had a specific contract with the renowned actor prohibiting...

IRIS 2024-8:1/27 [IT] AGCOM defines icon to access digital terrestrial television channels

The Italian Communications Authority (AGCOM), by means of Resolution No. 259/24/CONS of 10 July 2024, published on 24 July, approved a regulation aimed at ensuring the immediate, easy, and clear accessibility of digital terrestrial television content, as provided by the Consolidated Law on Audiovisual Media Services (TUSMA) and its Resolution No. 294/23/CONS. This regulation was adopted following a specially established technical committee, in which associations of broadcasters and equipment manufacturers participated. These stakeholders progressively aligned their respective positions, allowing...

IRIS 2024-7:1/14 [IT] AGCOM intervenes to block Russia Today content on YouTube and X

Due to the recent Regulation on Video Sharing Platforms (VSP) (Resolution No. 298/23/CONS) (see IRIS 2024-1:1/13 and 2024-3:1/15), the Italian Communications Authority (AGCOM) swiftly intervened to remove several videos disseminated on YouTube and X. Following Article 8 of the VSP Regulation and a report from the Italian Ministry of Foreign Affairs, AGCOM requested YouTube and X (formerly Twitter) to remove multiple videos related to a documentary produced by the Russia Today TV channel, accessible from Italy. The documentary in question offers a one-sided account of the events in the Donbass...

IRIS 2024-6:1/12 [IT] With great power comes great responsibility: Italian rulings confirm AGCOM sanctions against Google for gambling advertising violations

First, the Italian Council of State (through Judgment No. 4277 of 13 May 2024, regarding the Google Search service) and then the Regional Administrative Court (TAR) for Lazio (through Order No. 1940 of 16 May 2024, regarding the YouTube video-sharing platform service, and Order No. 2272 of 31 May 2024, regarding the X service) confirmed the sanctioning measures adopted by the Italian Communications Authority (AGCOM) against Google Ireland Limited and Twitter International Unlimited Company for violating the ban on advertising gambling with cash winnings introduced by Article 9 of Decree Law No....