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On 8 November 2021, the Italian Government approved legislative decree no. 181/2021 (“Legislative Decree”) implementing Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programs and amending Council Directive 93/83/EEC (“SatCab Directive”). The Legislative Decree substantially amended law no. 631/1941 (the Italian “Copyright Law”). The development...

On 5 January 2022, through Resolution No. 29949, the Italian Competition Authority (AGCM) launched a market test on the commitments presented by Telecom Italia (TIM)  and DAZN in the realm of investigation I857, initiated by the Authority into the agreement executed by the companies for the broadcasting of Serie A football matches. In July 2021, AGCM launched an investigation into the partnership between TIM and DAZN for the broadcasting and technological support for the broadcasting of Serie A football matches (2021-2024). According to AGCM, the investigation highlighted that the provisions...

On 4 November 2021, the Italian Government approved the legislative decrees implementing, in Italy, EU Directive No. 2019/790 (“Copyright Directive”) and EU Directive No. 2019/789 (“Sat Cab Directive”), which will substantially amend the Italian Copyright Act (Law No. 633/1941). On the same day, the Italian Government also approved the new Italian Audiovisual Media Services (“AVMS”) Code, transposing into Italian law EU Directive No. 2018/1808 (which amended the AVMS Directive). A few months ago, following the guiding principles set forth by the European Mandate...

While the case of Hurbain v. Belgium (IRIS 2021-8:/27) on the right to be forgotten and the accessibility and integrity of online news archives is pending before the Grand Chamber of the European Court of Human Rights (ECtHR), the ECtHR has delivered a new judgment on this matter. In Biancardi v. Italy the ECtHR found no violation of the right to freedom of expression as guaranteed by Article 10 of the European Convention on Human Rights (ECHR) in a case where the editor-in-chief of an online newspaper was held liable under civil law for not having de-indexed an article despite the request by the...

This year, the OTT platform DAZN, operating under German authorisation, has acquired the audiovisual rights to the Italian Serie A Championship, obtaining the possibility of broadcasting all Serie A football matches (380 in total) for three years (2021-2024), of which 70% would be broadcast on an exclusive basis. The Autorità per le Garanzie nelle Comunicazioni (Authority for Communications Guarantees — AGCOM) welcomed the web-broadcasting of such a major sporting event in Italy as an important step towards the digitalisation of the country. It also pointed out that this represented...