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IRIS 2020-4:1/23 [IT] Agcom: Violation of Regulation on respect for human dignity and the principle of non-discrimination and countering hate speech

On 27 February 2020, the Council of the Italian Authority for Communications found the violation of the Regulation on respect for human dignity and the principle of non-discrimination and countering hate speech - Resolution No. 157/19/CONS (see IRIS 2019-4:1/25 and 2017-1:1/24) - by a national television programme, Fuori del coro, broadcast by Rete 4 of the Mediaset group. This is one of the first cases of a violation of the aforementioned Regulation adopted in 2019 which contains provisions aimed at countering the use of hate speech in audiovisual media services and establishes the principles...

IRIS 2020-4:1/21 [IT] Agcom sanctions RAI for violating the public service broadcasting contract

On 14 February 2020, the Italian Communications Authority (Agcom) came to a decision regarding a proceeding initiated against Rai for its alleged failure to fulfill the general radio and television public service obligations and the National Service Contract - 2018-2022. This proceeding was initiated on 23 July 2019, pursuant to Article 48, paragraph 2 of the Consolidated Act on Audiovisual Media Services, recognising in the public service broadcaster's programming potential violations of the "principles of balance, pluralism, completeness, objectivity, impartiality, independence and...

IRIS 2020-4:1/19 [IT] First instance court annuls the decision by which the Italian competition authority imposed measures to remove the anti-competitive effects of Sky’s acquisition of R2 from Mediaset

On 5 March 2020, the Regional Administrative Tribunal of Lazio (TAR Lazio) annulled a decision by which, on 20 May 2019, the Italian Competition Authority (ICA) imposed measures on Sky Italian Holding SpA (Sky) to remove the anti-competitive effects created by its partially abandoned acquisition of the technical platform R2 Srl (R2) from Mediaset Premium S.p.A (MP) (Transaction). R2 provides technical platform services enabling broadcasters to retail a pay-TV offer on DTT. Sky filed the Transaction with the ICA on 28 November 2018, and the ICA opened a Phase II investigation in March 2019. The...

IRIS 2020-3:1/7 Draft bill regulating ambush marketing approved by the Council of Ministers

On 17 January 2020, the Italian Council of Ministers approved a draft bill specifically prohibiting ambush marketing which was introduced following a proposal by the Minister of Justice, Alfonso Bonafede. The bill aims at strengthening the protection of the economic interests of companies that sponsor sports events and exhibitions of national and international relevance. The bill should introduce appropriate measures, particularly in light of the upcoming 2020 UEFA European Football Championship, with a view to preventing unauthorised economic players from associating their trademarks or products...

IRIS 2020-2:1/8 Italian Communications Authority releases report on online platforms

On 12 December 2019, the Economic and Statistical Division (Servizio Economico Statistico) of the Italian Communications Authority released the Observatory on Digital Platforms for 2019. The document provides a comprehensive overview of the value of the digital market and of the main actors operating within it. It shows the rising role of digital platforms which hold seven out of the ten top seats of the world ranking (Microsoft, Apple, Amazon, Google, Facebook, Alibaba, Tencent). The research consists of four sections, devoted respectively to: general information; markets and services;...