Italy

[IT] Increase of Volume Levels in Advertising Breaks Prohibited

IRIS 2006-10:1/24

Maja Cappello

Autorità per le garanzie nelle comunicazioni (AGCOM)

On 12 July 2006, the Autorità per le garanzie nelle comunicazioni (Communications Authority - AGCOM) adopted an amendment to the Regulation on advertising (see IRIS 2001-9: 11), prohibiting the increase of the volume levels of advertising messages being broadcast during breaks in programmes. This new provision was implemented on 10 October 2006 when AGCOM defined the first urgent technical parameters to be respected by all national and local broadcasters and on all platforms (terrestrial, cable and satellite).

This issue is of importance to Italian broadcasting, both on public and on private channels. Based on the results of the monitoring conducted by a specialised Institute of the Ministry of Communications, AGCOM defined a threshold of 15% of tolerable increase of volume levels, to be calculated on the average results of 30 measurements carried out on 30 second-samples of advertisements and programmes. Should more than 30% of the measurements indicate that the threshold of 15% of increase has been exceeded, AGCOM would be entitled to impose fines ranging from EUR 5,165 to EUR 51,646 for each violation according to Art. 51, para 2, lit. b. of the Broadcasting Code (see IRIS 2005-9: 14).

Broadcasters will have 30 days after the entry into force of the deliberation to adapt their systems to the new rules, which will apply for six months, until the adoption of permanent parameters after a consultation process to be carried out with the relevant stakeholders.


References

  • Delibera no. 132/06/CSP “ Modifiche al Regolamento in materia di pubblicità radiotelevisiva e televendite, di cui alla delibera n. 538/01/CSP del 26 luglio 2001 ”
  • http://www.agcom.it/provv/d_132_06_CSP.htm
  • Regulation no. 132/06/CSP, Amendments to the Regulatory Provisions Relating to Television Advertising and Telesales

  • L'AGCOM adotta regolamentazione del volume degli spot tv
  • http://www.agcom.it/comunicati/cs_101006.htm
  • Press Release on Deliberation no. 157/06/CSP, Urgent Measures for the Observation of Provisions Relating to the Volume Levels of Advertising

This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.