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On 1 July 2022, through Resolution No. 225/22/CONS, the Italian Communications Authority (“AGCOM”) published its performance plan for the years 2022–2024 (“Performance Plan”), which sets forth its strategic goals for the next three years, as well as annual targets for the actions designed to achieve those goals. It is notable that the Performance Plan sets out said strategic goals and annual targets taking into account (i) for the first time, the outcomes of a public consultation and (ii) powers recently granted to AGCOM; changes arising from the transposition of several...

The OTT platform DAZN, operating under German authorisation, has acquired the audiovisual rights to the Italian Serie A Championship, obtaining the possibility broadcasting all Serie A football matches (380 in total) for three years (2021-2024), of which 70% would be broadcast on an exclusive basis. Through Resolution No. 334/21/CONS, AGCOM initiated proceedings to define the quality parameters for the fruition of the live streaming broadcasting services of the Italian Serie A Championship offered by DAZN in Italy and, also ordered the streaming platform to adopt several measures aimed at ensuring...

On 26^th April 2022, with decision No. 12985, the Italian Court of Cassation re-affirmed a very important principle regarding the burden of proof in press defamation claims for damage compensation. Specifically, in the case at hand, that was brought against the editor-in-chief of a newspaper, the plaintiff asked for compensation for damages he allegedly suffered because of a defamatory news article published in the newspaper managed by the defendant. The Court of Appeal rejected plaintiff’s demands as he did not prove that the facts reported in the news article were untrue. However,...

The OTT platform DAZN, operating under German authorization, has acquired the audiovisual rights on the Italian Serie A Championship, obtaining the possibility to broadcast all Serie A football matches (380 in total) for three years (2021-2024), of which 70% are on an exclusive basis. Although AGCOM welcomed the web-broadcasting of such a major sporting event in Italy as an important leeway for the digitalization of the Country, several problems arose concerning the quality of the streaming services offered. For this reason, through Resolution No. 334/21/CONS, AGCOM initiated a proceeding...

With its decision no. 24/22/CONS of February 17, 2022, AGCOM has declared the procedure for determining the relevant market and the dominant position of companies in online advertising to be closed. This procedure started with Decision No. 356/19/CONS of 18 July 2019 (see IRIS 2019-9). The proceeding was established under Article 43, paragraph 2 of Legislative Decree No. 177/2005 (“the consolidated law on AVMS” or “ TUSMAR”) in force until 2021: according to this, the AGCOM had the power to investigate sectors of the so-called Sistema Integrato delle Comunicazioni (Integrated...