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On 19 March 2019, the Italian Supreme Court of Cassation issued its judgment in the appeal filed by RTI (Reti Televisive Italiane S.p.A., one of the main Italian broadcasters) against the landmark Milan Court of Appeals’ decision issued in January 2015 in the RTI v. Yahoo! case. The case arose in 2009 when RTI filed a suit against Yahoo!, provider of the Yahoo! Video service, to have the latter condemned for copyright infringement against RTI, based on the fact that several of RTI’s videos were hosted on the Yahoo! Video platform, uploaded by users without RTI’s consent. The first instance Court...

On 22 January 2019, the Italian Communication Authority (AGCOM) launched a public consultation on a draft regulation aimed at fostering the protection of human dignity and the principle of non-discrimination, as well as combating hate speech. The scope of the application of the draft regulation includes both audiovisual media service providers and video-sharing service providers. Article 1 firstly sets out certain definitions. Inter alia, “video-sharing service providers” are defined as entities operating a service that, even in part, makes available to the public programmes and user-generated...

Pursuant to Article 25, paragraph 3 of the service contract (as renewed for the years 2018 to 2022) between the Italian Ministry of Economic Development and the Italian public service broadcaster, RAI, a Commission composed of members of the Ministry and members of RAI has been established and assigned with the task of drafting guidelines. These guidelines aim at underpinning current negotiations between RAI and representative associations of producers on the extension and the scope of the exploitation rights of audiovisual works for radio, television and multimedia platforms. The Commission was...

In September, the Ministry of Economic Development launched two calls for applications for the selection of up to 30 members of a group of experts to draft a national strategy on artificial intelligence (hereinafter AI) and 30 members of a group of experts to draft a national strategy on distributed ledger technologies (hereinafter DLTs) and blockchain. The ministry considers that it is a crucial priority for Italy, as mentioned by the Minister of Economic Development, Mr. Luigi Di Maio, last July in his programmatic lines, to deepen the knowledge of AI, DLTs and the blockchain and the related...

The Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM), pursuant to Article 43 of the Italian AVMS Code (Legislative Decree No. 177/2005), has to periodically conduct a specific analysis to estimate the resources included in the so-called SIC (Sistema Integrato delle Comunicazioni - Integrated Communications System). The provision aims at ensuring pluralism in the communications field by preventing dominant positions from being attained in the sector, meaning that providers registered as communications operators cannot collect, either directly or indirectly,...