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On 7 August 2018, the Italian Parliament approved a set of economic and social measures by passing into law the so-called ‘Dignity Decree’ issued by the government in July (Law Decree 12 July, 2018, No. 87) ( the “Decree’”). Among other things, the Decree has established a general ban on gambling advertising with a view to increasing consumer protection and preventing gambling addiction (ludopathy). Pursuant to Article 9, paragraph 1, the following is banned: any form of advertising, including indirect advertising, relating to games or gambling with winnings in money, however carried out and in...

On 9 May 2018, by resolution no. 184/18/CONS, the Italian Communication Authority (AGCOM) launched a public consultation on the draft regulation governing the promotion of European audiovisual works and works of producers that are independent of broadcasters (so called “independent producers”). The draft regulation was adopted in accordance with the delegation of legislative powers provided by Article 44-quinquies of Legislative Decree no. 177 of 31 July 2005 (“TUSMAR”), introduced by the recently approved Legislative Decree no. 204 of 7 December 2017 as part of the “Franceschini Reform” (see IRIS...

On 19 February 2018, the Court of Appeal of Rome published the appellate decision in the case between the Wikimedia Foundation and Mr. Cesare Previti, a former Italian politician. The case arose when Mr. Previti retrieved purportedly defamatory statements included in his biography on the online encyclopaedia Wikipedia, whose services are provided by the Wikimedia Foundation, based in San Francisco. He sent a take-down notice to Wikimedia, but received no response. Accordingly, Mr. Previti sued Wikimedia, seeking to have the latter censured for its failure to promptly remove the allegedly defamatory...

On 14 March 2018, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato - AGCM or “ICA”) agreed to Lega Nazionale Professionisti Seria A (the major Italian Football League, or the “IFL”) awarding the broadcasting rights, on an exclusive basis on any platform, of all the Serie A football matches for seasons 2018 to 2021 to Mediapro Italia Srl (“Mediapro”). Legislative Decree No. 9/2008 - which is the law governing the marketing of football’s TV rights in Italy - assigns to the ICA and to the Italian Communication Authority (AGCOM) ex ante powers to approve or reject...

On 19 February 2018, the Department of Economics and Statistics of the Italian Communications Authority (AGCOM) released a report on the consumption of information (the “Report”). The drafting of the Report comes into being as result of AGCOM competence to monitor the information system and ensure the protection of pluralism of information, both on the supply and demand side of the news media market. Also, AGCOM has stressed that the monitoring of the news system is part of a global scenario where some negative phenomena are growing, including the spread of fake news and misinformation. The study...