Italy

[IT] New Self-Regulatory Code of Conduct on Internet and Children

IRIS 2004-2:1/30

Marina Benassi

Attorney at law

On 19 November 2003, the Minister for Communications, the Minister for Innovation and Technology and the main associations of Internet service providers signed a new self-regulatory Code of Conduct aimed at protecting children from potentially damaging use of, and from unsuitable content on, the Internet. On the basis of the self-prescribed set of rules, Internet providers will not only implement and promote measures in order to provide differentiated navigation services (which restrict or exclude access to certain content), but they will also provide content classification and will abstain from carrying out any profiling of child users. It has also been agreed upon that the home page of the providers adhering to the Code will display the distinctive sign "Protection of Children", in order that it will be immediately recognizable for users. Links are also to be provided to a list of instructions on how to notify a possible violation of the rules to the national Guarantee Committee. This Committee is to consist of eleven experts, including representatives of the adherents, the Ministry for Communications and the Presidency of the Italian Council of Ministers ­ Department for Innovation and Technology. Three members will be designated by the Association for the protection of minors and the National Users Council. The Code explicitly imposes an obligation on the adherents to cooperate with the competent authorities in the prevention, restriction and repression of child pornography. The Code also aims to facilitate the protection of minors from the potential risks of unsolicited commercial information, in accordance with the rules contained in the E-commerce Directive.

The present Code follows the adoption by Italian broadcasters in November 2002 of a self-regulatory Code of conduct relating to the protection of minors as regards television (see IRIS 2003-4: 10).