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IRIS 2021-6:1/31 [IT] New regulation governing works of Italian original expression

On 29 January 2021, the Ministry of Culture and the Ministry of Economic Development issued a new regulation providing the definition of audiovisual works of Italian original expression, produced anywhere, in accordance with Article 44-sexies of the AVMS Code (Legislative Decree No. 177 of 31 July 2005). The regulation entered into force on 23 April 2021, although applications for obtaining the recognition as works of Italian original expression will be accepted only from 7 June 2021. According to Article 2 of the regulation, audiovisual works of Italian original expression include the following...

IRIS 2021-6:1/32 [IT] European Delegation Law setting criteria and principles for AVMSD implementation

On 21 April 2021 the Italian Parliament passed the 2019-2020 European Delegation Law (Law No. 53/2021). The European Delegation Law vests in the Executive the power to adopt, by a legislative decree, a set of provisions implementing in the Italian legal system the directives that Italy is bound to transpose according to the EU Treaties. When providing for such delegation of powers the law also establishes the criteria and principles that the national norms, to be adopted by the Executive branch, shall comply with. Article 3 of the 2019-2020 European Delegation Law provides the criteria and...

IRIS 2021-5:1/22 [IT] Decree establishing the Commission for the classification of cinematographic works

On 2 April 2021, the Italian Minister of Culture, Dario Franceschini, signed the decree establishing the Commission for the classification of cinematographic works at the General Directorate for Cinema of the Ministry of Culture. This Commission will be in charge of verifying the correct classification of cinematographic works by distributors and producers in accordance with the Legislative Decree No. 203 of 7 December 2017 (see IRIS 2018-2/24). In the words of the Minister, with this decree, "film censorship has been abolished and the system of controls and interventions that still allowed...

IRIS 2021-5:1/19 [IT] Communications Authority launches survey on the services delivered by online platforms

By resolution no. 44/21/CONS adopted on 4 February 2021, the Italian Communications Authority has launched a survey (indagine conoscitiva) on the services provided by online platforms. The survey aims to serve a variety of purposes: to allow AGCOM to categorize the said services; to assess the main issues and their effects; to craft a map of the existing legal framework applicable to digital services and online platforms; to determine the most pressing issues that regulators are supposed to address; to select best practices based on a comparative overview of different legal systems; to influence...

IRIS 2021-5:1/3 [IT] Agcom fine on RAI annulled

On 29 March 2021, the Italian Administrative Courts(TAR Lazio) in charge, adopted a judgment (No. 3800/2021) concerning the sanction imposed by Agcom on RAI for violation of pluralism and of public radio and television service obligations. Following the RAI complaint the Court annulled the resolution No. 69/20/CONS of the 13 and 14 February 2020, concerning "Conclusion of the proceedings initiated against RAI pursuant to Article 48 of the Consolidated Law for the alleged non-fulfillment of the radio and television general public service obligations and of the national service contract...