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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....

IRIS 2024-5:1/9 [IT] The Italian Government adopts the Corrective Decree amending the Italian Audiovisual Media Services Code

The corrective decree (“Corrective Decree”), which supplements and amends Legislative Decree No. 208 of November 8, 2021 (“AVMS Code”), was published in the Italian Official Gazette on April 17, 2024. The approval of the Corrective Decree has followed a complex legislative itinerary, during which the Advisory Section for Regulatory Acts of the Council of State and the ad hoc commissions of the Senate and the Chamber of Deputies rendered interesting opinions on the legislative novelties introduced.  The Corrective Decree introduced a vast array of amendments...

IRIS 2024-4:1/6 [IT] AGCOM public consultation on the methods of verification of the age of majority by website managers and video-sharing platform suppliers

The Italitan Communications Authority, AGCOM, has launched a public consultation on the specifications and requirements of the age assurance system, which will have to be implemented by providers of video-sharing platforms that disseminate images, videos and services for adult users in Italy. This is a new measure provided for by a national law (Legislative Decree 123/23 converted into Law 159/23) which is added to other instruments aimed at protecting minors on the Internet. In fact, in November 2023, guidelines came into force (Resolution No. 9/23/CONS) for operators both on smartphones...

IRIS 2024-4:1/7 [IT] For the first time, AGCOM imposes a fine of more than one million euros on social network X for prohibited online gambling advertising

The Italian Communications Authority (AGCOM) has, for the first time, sanctioned the Twitter International Unlimited Company, owner of the video-sharing platform X, for violating the ban on gambling advertising, pursuant to Article 9 of the Dignity Decree, imposing a fine of EUR 1 350 000.00. In particular, following numerous reports of alleged violations of the ban on online gambling advertising, AGCOM initiated and concluded a sanctioning procedure finding nine violations, one each for nine individual accounts, all marked with the blue tick. These violations related to content of an advertising...

IRIS 2024-4:1/18 [IT] Italy adopts a legislative decree amending the Italian audiovisual media services code following the opinions rendered by the Council of State and the ad hoc committees of the Chamber of Deputies

The Italian government has recently approved a legislative decree poised to amend the provisions laid down in Legislative Decree No. 208 of 8 November 2021 (“AVMS Code”). The legislative decree at-issue has not yet been published in the Italian Official Gazette and, therefore, this article focuses on the opinion rendered by the Italian Council of State on the amendments proposed. On 19 December 2023, the Council of Ministers preliminarily approved the legislative decree (“Corrective Decree”), which is poised to supplement and correct the provisions laid down in the AVMS...