Search results : 412

On 29 October 2020, the Senate of the Italian Republic approved the text of the 2019 European Delegation Law, a legislative instrument by which the parliament delegates powers to the government to transpose EU directives into the Italian legal system. Following its approval by the other parliamentary chamber (the Camera), which is expected by the end of 2020, the text will become binding, leading the way for the long-awaited process of transposing the previous year's EU legislation. The 2019 European Delegation Law refers to 38 European directives, including Directive 2018/1808 (AVMSD). Article...

The Constitutional Affairs Committee of the Senate of the Italian Republic is currently discussing a bill (No. 1900) aimed at establishing a parliamentary committee of inquiry to investigate the problem of disinformation and, more precisely, the dissemination on a massive scale of fake news. It is well known that Italian lawmakers and regulators have already attempted to introduce some measures to counter the spread of disinformation on the Internet; however, none of the initiatives undertaken so far have reached the approval stage, triggering a lot of criticism (see IRIS Special on media coverage...

On 3 September 2020, the Court of Justice of the European Union (CJEU) - Case C‑719/18 - ruled that the provision of Article 43, paragraph 11 of the TUSMAR (Consolidated Law on Media Services) is contrary to EU law, constituting a restriction on freedom of establishment while not being suitable for achieving the objective of the protection of pluralism of information. According to the said provision, adopted in 2005, it is forbidden for any company whose revenues in the electronic communications sector (including those obtained through subsidiary or affiliated companies) exceed 40% of the overall...

By way of Law No. 70 of 25 June 2020, the Italian Parliament has introduced a new provision, namely Article 7-bis, into Law Decree No. 28/2020. The Italian Government adopted the aforesaid decree (also known as the ‘Justice Decree’, ‘Decreto Giustizia’) with a view to providing urgent measures concerning, among others, civil, criminal and administrative proceedings as well as the national contact tracing system, both related to the COVID-19 emergency. The introduction of Article 7-bis, entitled ‘Systems for the protection of minors from the risks of cyberspace’,...

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,...