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IRIS 2020-7:1/26 [IT] AGCOM landmark resolution on press reviews and copyright infringements

By Resolution No. 169/20/CONS adopted on 5 May 2020, the Italian Communications Authority (AGCOM) marked a landmark in the enforcement of copyright on digital works. AGCOM's decision specifically concerns the legitimacy of press reviews. At the end of proceedings commenced upon a complaint filed by the leading Italian newspaper Il Sole 24 Ore, AGCOM ordered the website operated by L’Eco della Stampa to take down the infringing content available therein, pursuant to the regulation on copyright enforcement (Resolution No. 680/13/CONS). In the context of the provision of press reviews,...

IRIS 2020-6:1/16 [IT] AGCOM orders six-month suspension for two broadcasters delivering programmes dangerous to customers' health

By way of two separate but related resolutions issued on 7 April 2020 (namely Resolutions Nos. 152/20/CONS and 153/20/CONS) in the so-called ‘Panzironi saga’, the Italian Communications Authority (AGCOM) ascertained the violation of Articles 3 and 36-bis, paragraph 1, lit. c), No. 3 of the AVMS Code (Legislative Decree No. 177/2005) by two small-sized television broadcasters (namely Italian Broadcasting Srl and Mediacom Srl, respectively the Life TV Network and Life 120 Channel services) and, accordingly, ordered their suspension. Such provisions respectively prohibit the delivery...

IRIS 2020-6:1/15 [IT] Telegram channels removed after urgent application filed by FIEG before AGCOM

On 6 April 2020, the Italian Federation of Newspaper Publishers (FIEG) filed an urgent application with the Italian Communications Authority (AGCOM) requesting the removal of all digital editions of newspapers published on a few channels of the instant messaging platform Telegram, as well as the suspension of access to the entire platform. This application was filed under the regulation for the online enforcement of copyright (adopted by Resolution No. 680/13/CONS, as subsequently amended). After the investigation started, Telegram partially complied on its own initiative. As a result, AGCOM...

IRIS 2020-5:1/7 [IT] COVID-19: Agcom suspends two TV programmes for broadcasting content prejudicial to health

On 14 April 2020, the Italian Communications Authority (Agcom) ordered a six-month suspension of the activity of content dissemination by audiovisual media services on channel 880 of digital satellite (SAT) and channel 61 of digital terrestrial (DTT) exercised by Italian Broadcasting Srl and Mediacom Srl respectively, following the broadcasting of the programme The Health Seeker and the special What they didn't tell you about the Corona-virus in relation to Adriano Panzironi's Life120 method. Panzironi is an Italian journalist, known for being the creator and promoter of a diet called Life...

IRIS 2020-5:1/12 [IT] COVID-19: The measures adopted by Italy to support the entertainment, cinema and audiovisual sectors

The Italian Government has adopted a series of measures aimed at countering the economic difficulties experienced by the entertainment, cinema and audiovisual sectors, following the interruption of activities due to the COVID-19 emergency. These measures are contained in Decree-Law No. 18, the so-called Cura Italia Decree, which was adopted on 17 March 2020 by the government and which is currently being voted on by the Italian Parliament. Due to its legal nature, the decree will take immediate effect, but must be converted into a law within 60 days of its adoption. Article 89 of the Decree-Law...