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IRIS 2018-9:1/26 [IT] Roadmap for the release of the 700 Mhz Band frequencies

On 8 August 2018, the Italian Ministry of Economic Development (MISE) issued a decree with a view to defining a timeline for the release of the 700 Mhz Band frequencies. Such a roadmap constitutes a necessary step in the context of the 700 Mhz Band repurposing in accordance with EU law. In fact, as required by Decision (EU) 2017/899, between September and December 2017, Italy executed frequency coordination agreements with several countries, with the purpose of: (a) allowing the relevant countries to make available the 700 MHz Band for telecom mobile services and (b) establishing the frequencies...

IRIS 2018-8:1/33 [IT] Italian Parliament approves ban on gambling advertising

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...

IRIS 2018-7:1/23 [IT] Public consultation launched on AGCOM regulation on promotion of European audiovisual works

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...

IRIS 2018-6:1/26 [IT] Landmark Decision in Wikimedia v. Cesare Previti Concerning ISPs’ liability for online defamatory content

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...

IRIS 2018-5:1/23 [IT] Italian Competition Authority approves, subject to licensing conditions, the award of all Serie A’s broadcasting rights to Mediapro

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...