Search results : 399

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,...

On 12 December, 2018, by way of Resolution No. 595/18/CONS, AGCOM issued the Regulation governing programming and investment obligations for the promotion of European works and works by independent producers (“the Regulation”). The Regulation was adopted pursuant to Article 44-quinquies of the AVMS Code (Legislative Decree No. 177 of 31 July, 2005), as recently amended by Legislative Decree No. 204 of 7 December, 2017 as part of the so-called Franceschini Reform (Law No. 220 of 14 November, 2016).  On 22 January, 2019, the Regulation was amended by AGCOM Resolution No. 24/19/CONS to take into account...

On 10 January 2018, the Court of Rome handed down another judgment in the ongoing saga on the Internet Service Providers’ liability for third-party illegal content and activities. The Court ordered Vimeo to pay damages amounting to EUR 8.5 million to the national broadcaster RTI because of multiple copyright infringements concerning the latter’s audiovisual content which occurred on the Vimeo platform. The Court drew this conclusion addressing the debated qualification of modern hosting providers as active rather than passive operators as a prerequisite for the applicability of the liability exemptions...

On 16 October 2018, the Italian Communication Authority (AGCOM), by resolution no. 490/18/CONS, amended the Regulation on Copyright Enforcement in Electronic Communications Networks (hereinafter the ‘Regulation’) which had been adopted by resolution no. 680/13/CONS. The goal of this Regulation, which became applicable on 31 March 2014, is to establish an ad hoc accelerated administrative procedure, meant as a public enforcement scheme alternative to the private enforcement mechanism provided for by the Italian law. The Regulation had vested AGCOM with the power to order providers to remove specific...

On 30 December 2018 the Italian Parliament passed the 2019 Budget Law, which contains a variety of provisions affecting the legal framework applicable to electronic communications. In particular, the law has introduced some amendments to relevant norms of the Law no. 205 of 27 December 2017 (2018 Budget Law) governing the reframing of the 700 MHz frequencies band and the transition of digital terrestrial television from DVB-T to DVB-T2 standard. The law delegates to the Italian Communication Authority (AGCOM) and the Ministry of Economic Development (MISE) the responsibility to adopt the resolutions...