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IRIS 2023-4:1/4 [IT] AGCOM approves the Regulation on the fair compensation calculation to publishers for the online use of journalistic publications by information society service providers

With Resolution no. 3/23/CONS of 19 January 2023, the Italian Communications Authority (AGCOM), as a first step in protecting copyright and related rights in the digital single market envisaged by Directive 2019/790 (and in particular in Article 15), approved the Regulation on fair compensation. A new right to fair remuneration granted to both publishers (right holders) and authors for the use online of journalistic publications by information society service providers has been introduced. In particular, in accordance with Article 43-bis of the Copyright Law (Legge sul diritto d’autore...

[DE] State media authorities publish opinion on proposed European Media Freedom Act

On 13 December 2022, the German Landesmedienanstalten (state media authorities) published a joint position paper on the European Commission’s proposal for a Regulation establishing the European Media Freedom Act (EMFA). They welcomed the proposal and its general aim to take into account the fundamental values of the European Union in the media sector and protect media freedom and independence. Nevertheless, the media authorities had serious concerns about the lack of independence and freedom to make decisions for the proposed European Board for Media Services and the low level of differentiation...

IRIS 2023-3:1/14 [IT] First fine from AGCOM against a social media platform (Facebook - Meta)

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...

IRIS 2023-3:1/20 [IT] Italy adopts new Regulation on programming and investment obligations in favour of European Works

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,...

IRIS 2023-1:1/3 Four additional Russian media outlets added to the list of banned media in the EU

On 16 December 2022, the Council of the European Union adopted a Decision (CFSP) 2022/2478 banning four further media outlets to the list of Russian broadcasters prohibited in the EU, following Russia’s invasion of Ukraine (see IRIS 2022-3/6).  The Council Decision amended Annex IX of previous Council Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine. The new broadcasters are the following: NTV/NTV Mir, Rossiya 1, REN TV and Pervyi Kanal. The list now contains more than a dozen banned media outlets (such...