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With Resolution no. 37/23/CONS of 22 February 2023, executing Article 30 of the Consolidated Law on Audiovisual Media Services (TUSMA), the Italian Communications Authority (AGCOM) unanimously approved the Regulation on the protection of fundamental human rights, respect for the principle of non-discrimination and the fight against hate speech (see IRIS 2020-4/23, 2019-4/25 and 2017-1/24). The public consultation launched with Resolution 292/22/CONS resulted in the submission of multiple contributions from media services providers - as the main addressees of the Regulation itself - as well as...

The board of the Italian Communications Authority (AGCOM) has agreed, unanimously, to fine Meta Platforms (Meta, which owns Facebook, Instagram, and WhatsApp) EUR 750,000 for the infringement of the gambling advertising prohibition introduced by the "Dignity decree". This is the first fine given by AGCOM to a social media platform (last August, AGCOM adopted its first sanction against the video sharing platform "YouTube", see Iris 2022-8/4). The Authority considered that Meta had conducted a clear infringement of the Italian Law prohibiting the diffusion of advertising...

On 14 December 2022, the Autorità per le Garanzie nelle Comunicazioni (Italian Communications Authority — AGCOM) adopted the new Regulation on programming and investment obligations in favour of European works and works by independent producers, through Resolution No. 424/22/CONS. The regulation further details the provisions contained in Legislative Decree No. 208/2021 (the AVMS Code). The programming and investment obligations for linear audiovisual media service providers are set forth, respectively, under Articles 4 and 5 of the Regulation. Under Article 4 of the Regulation,...

On 30 December 2022, the Italian Supreme Court of Cassation published a landmark decision with regard to the use of parody as an exception to copyright and trademark rights. The case arose in relation to the unauthorised use of the literary character “Zorro” in the context of a commercial. The proceedings underlying this decision date back to 2007, when the claim was originally brought, following the broadcast on television and radio of an advertising campaign launched by “Brio Blu”, a famous Italian water brand, starring an equally famous Italian actor impersonating...

On 15 November 2022 through decision no. 34658/2022 (the Decision), the Italian Court of Cassation confirmed the legitimacy of global delisting/removal orders against search engines. The case originated in 2017 when the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali – Garante) ordered a search engine to delist from its services the URLs that were the object of the proceedings, and also referred to the non-European versions of the same search engine, thereby issuing a de facto global delisting order. The search engine appealed the Garante’s decision...