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On 5 November 2019, the Court of Rome, by adopting a restrictive interpretation of Italian legislation, ordered two companies to block the delivery of some commercial communications relating to electronic cigarettes (e-cigs) and liquid refills, as an urgent measure. Article 21, paragraph 10, of Legislative Decree No. 6/2016 (which implemented the EU Directive 2014/40/EU on tobacco products) provides for a ban on the advertising of e-cigs and refill liquids. Specifically, it prohibits the following activities which have the aim or the direct or indirect effect of promoting electronic cigarettes...

A variety of amendments have been introduced by Law Decree No. 59/2019, the so-called Culture Decree, which later became Law No. 81/2019 in the legal framework governing audiovisual media services in Italy (the so-called TUSMAR, that is, Legislative Decree No. 177/2005). The new legislation will come into force on 1 January 2020. The main quota provisions are summarised below; different quota obligations apply to the public service broadcaster. Content quotas for broadcasters: The content quota for broadcasters would be calculated on an annual basis and would amount to a minimum of 50.01% for European...

On 9 September 2019, the Italian Communications Authority (“AGCOM”) published resolution no. 356/19/CONS (“Resolution”) with a view to starting a procedure for identifying the existence of dominant positions or positions that are at any rate harmful to pluralism in the online advertising sector. More specifically, Article 43, para. 2 of Legislative Decree no. 177/2005 (“the TUSMAR”, or “AVMS Code”) establishes that AGCOM has the power to initiate such a procedure with the goal of verifying the existence of dominant positions (or positions that are at any rate harmful to pluralism) on the basis...

On 14 June 2019 the Garante per la protezione dei dati personali(Italian Data Protection Authority – Garante) issued a EUR 1 million fine against Facebook Italy S.r.l. and Facebook Ireland (together “Facebook”) in relation to the Cambridge Analytica case. Specifically, the Garante took action following the news that Facebook had communicated its users’ personal data to Cambridge Analytica, a third company providing analytics services. The Garante found that the personal data of 57 Italian users (who downloaded the app “Thisisyourdigitallife”) had been unlawfully communicated to Cambridge Analytica....

With a landmark decision published on 12 July 2019, the Court of Rome found Dailymotion SA (Dailymotion) liable for copyright infringement against Reti Televisive Italiane S.p.A. (RTI) and condemned it to pay EUR 5.5 million in compensation for damages. The judges also ordered Dailymotion to (i) remove from its services all RTI’s audiovisual content examined during the proceedings; (ii) abstain from further exploiting for commercial purposes the same audiovisual content; (iii) pay EUR 5 000 for any future infringements; and (iv) pay the legal fees and expenses. In addition, RTI has been authorised...