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Pursuant to Article 25, paragraph 3 of the service contract (as renewed for the years 2018 to 2022) between the Italian Ministry of Economic Development and the Italian public service broadcaster, RAI, a Commission composed of members of the Ministry and members of RAI has been established and assigned with the task of drafting guidelines. These guidelines aim at underpinning current negotiations between RAI and representative associations of producers on the extension and the scope of the exploitation rights of audiovisual works for radio, television and multimedia platforms. The Commission was...

In September, the Ministry of Economic Development launched two calls for applications for the selection of up to 30 members of a group of experts to draft a national strategy on artificial intelligence (hereinafter AI) and 30 members of a group of experts to draft a national strategy on distributed ledger technologies (hereinafter DLTs) and blockchain. The ministry considers that it is a crucial priority for Italy, as mentioned by the Minister of Economic Development, Mr. Luigi Di Maio, last July in his programmatic lines, to deepen the knowledge of AI, DLTs and the blockchain and the related...

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...