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While the case of Hurbain v. Belgium (IRIS 2021-8:/27) on the right to be forgotten and the accessibility and integrity of online news archives is pending before the Grand Chamber of the European Court of Human Rights (ECtHR), the ECtHR has delivered a new judgment on this matter. In Biancardi v. Italy the ECtHR found no violation of the right to freedom of expression as guaranteed by Article 10 of the European Convention on Human Rights (ECHR) in a case where the editor-in-chief of an online newspaper was held liable under civil law for not having de-indexed an article despite the request by the...

This year, the OTT platform DAZN, operating under German authorisation, has acquired the audiovisual rights to the Italian Serie A Championship, obtaining the possibility of broadcasting all Serie A football matches (380 in total) for three years (2021-2024), of which 70% would be broadcast on an exclusive basis. The Autorità per le Garanzie nelle Comunicazioni (Authority for Communications Guarantees — AGCOM) welcomed the web-broadcasting of such a major sporting event in Italy as an important step towards the digitalisation of the country. It also pointed out that this represented...

On 31 August 2021, the European Court of Human Rights (ECtHR) delivered two judgments dealing with political pluralism in programmes broadcast by Radio Televisione Italiana (the Italian state radio and television service — RAI). In both cases, the ECtHR emphasised the need for pluralism in news and current affairs programmes, and in political platform programmes offered by the public broadcaster. In the first case (Associazione Politica Nazionale Lista Marco Pannella and Radicali Italiani v. Italy), the ECtHR found no violation of the right to freedom of expression as guaranteed by Article...

On 22 July 2021 the Italian Communications Authority (AGCOM) adopted Resolution No. 233/21/CONS, which contains significant amendments to the regulation on copyright enforcement online approved via Resolution No. 680/13/CONS (hereinafter, the ‘Regulation’). Said modifications reflect both regulatory and technical developments occurred over the last years, as a result of the emerging challenges that digital technologies have posed to copyright protection. The changes mainly concern two key aspects, that is the extension of the subjective scope of application of the Regulation, and...

With the decisions No. 209/21/CONS and 210/21/CONS published on 28 June and decisions No. 234/21/CONS and 235/21/CONS published on 30 July 2021, AGCOM concluded four proceedings about the respect for pluralism by companies operating in the media and electronic communications sectors. The proceedings were initiated pursuant to Article 4-bis, paragraph 1, of the Legislative Decree No. 125 of 7 October 2020, the rule which aims to avoid that the presence of the same company in the electronic communications and media sectors, given the convergence between the two fields, could have a distorting...