Search results : 399

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...

Following an intervention by the Italian Communications Authority (AGCOM), the video-sharing platform TikTok, based in Ireland, has proceeded to remove several videos from its platform, all related to the so-called "French scar". The videos identified involve challenges (or so-called challenges) related to the phenomenon known as the "French scar" where very young participants intentionally bruise themselves and create red marks by squeezing the skin of their cheeks around the cheekbones. The purpose behind this practice is to pretend to have been involved in a physical altercation...

On 10th January 2024, the Italian Communication Authority (AGCOM) issued, by resolution no. 7/24/CONS, some long-awaited guidelines to urge compliance with the Audiovisual Media Services Code (‘TUSMA’, Legislative Decree no. 208/2021) by influencers (‘Guidelines’). The resolution also established a technical group of experts. The release of the Guidelines follows the increase in the online dissemination of content by various subjects having control over the creation, fabrication or organisation of the same, commonly known as ‘influencers’. According to...

On 5 December 2023, the Italian Communications Authority (AGCOM), adopted three significant measures against major video-sharing platforms for violating the Italian prohibition on advertising games with cash prizes. Italian regulations prohibit any such form of direct or indirect advertising conducted on any transmission platform, including social media. In particular, with Resolution No. 317/23/CONS, Google Ireland Ltd. was fined EUR 2 250 000 (for the third time), and with Resolution No. 318/23/CONS, Twitch Interactive Germany GmbH was fined EUR 900 000 for violating the prohibition on gambling...

The Italian Communications Authority (AGCOM), with Resolution No. 298/23/CONS of 22 November 2023, has adopted, following the public consultation initiated with Resolution No. 76/23/CONS (see IRIS 2023-5:1/5), a regulation that establishes rules aimed at protecting minors and consumers from harmful content disseminated on digital video-sharing platforms (VSPs). The regulation, which will come into effect on 8 January 2024, defines the procedures through which AGCOM can restrict the circulation of content intended for the Italian public, issuing an order to to the hosting platforms requiring...