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On 18 April 2019, through Resolution No. 132/19/CONS, the Italian Communications Authority (AGCOM) issued guidelines (Guidelines) to implement the provisions of Article 9 of the so-called Dignity Decree (“Decreto Dignità”, Decree Law No. 87/2018). The Guidelines aim at achieving a high degree of consumer protection, with particular emphasis on “vulnerable” categories (gambling addicts, minors and seniors) by ensuring the transparency of conditions and services offered in order to promote an educated gaming choice. Consumer protection is also ensured by using the recognisable logos of the Customs...

On 18 April 2019, the Italian Data Protection Authority (Garante per la protezione dei dati personali, Garante) issued the Resolution on Electoral Propaganda and Political Communication. The Resolution, in view of the imminent 2019 European elections, provides rules that data controllers (including political parties, organizations, promoters’ and supporters’ committees as well as candidates) shall follow when processing personal data for electoral propaganda or political communication purposes. Firstly, the Resolution clarifies the point at which data controllers must obtain data subjects’ consent...

On 6 March 2019, the Italian Communication Authority (AGCOM) adopted resolution no. 74/19/CONS, by which, in accordance with Law no. 220/2016 (so-called Franceschini Law), it established the criteria to categorize audiovisual works delivered via the Internet and video-games in order to protect minors from inappropriate content. The notion of audiovisual content delivered via the Internet includes all the works that are primarily distributed via electronic communication services and networks. Video-games are defined as interactive multimedia works having recreational nature that users can enjoy...

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...