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On 7 April 2017, the Court of Turin delivered a significant judgment affecting Internet service providers’ (ISPs) liability for the removal of copyrighted content published without authorisation of the rightsholders. In particular, the decision followed prior proceedings in 2014 in which YouTube had been ordered to takedown the content that constituted copyright infringement referenced by the plaintiff (DeltaTV) through the relevant URL, and to adopt the necessary technical steps in order to prevent users from again uploading the same content. According to the Court of Turin, the evolution of the...

On 9 March 2017, the Autorità per le garanzie nelle comunicazioni (the Italian Communications Authority - AGCOM), released Decision No. 41/17/CONS concerning “Recognition of relevant markets in audiovisual media services sector, in accordance with Article 43, paragraph 2, of Legislative decree 31 July 2015, no. 177”. The Decision represents the end of the first phase of a complicated administrative procedure that began with Decision No. 286/15/CONS (siehe IRIS 2015-7/21), aimed at recognising the relevant markets in the audiovisual media services (AVMS) sector and at understanding whether there...

The spreading of fake news on the Internet is a highly debated social and legal issue, and one that has also been debated in Italy, in particular during the recent constitutional referendum campaign. Accordingly, lawmakers and regulators are approaching this legal issue with a view to preventing patently false information from circulating via the Internet. After the President of the Italian Competition Authority called for new rules on fake news, a legislative proposal was submitted by Senator Adele Gambaro on 7 February 2017 (“DDL Gambaro”) in the Senate of the Republic. The bill aims at introducing...

On 30 March 2017, almost exactly three years after its entry into force, all of the appeals against the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) Regulation on copyright protection online have been dismissed by two judgments of the Italian Regional Administrative Tribunal for Latium (TAR). The judgments, released in February but made publicly available only two months later, conclude a long legal dispute, arising from the appeals made by associations representing Internet service providers, web-TVs, and consumers. The Regulation was adopted in 2013...

On 18 January 2017, the Court of Rome handed down an awaited decision in a copyright and unfair competition case between Data Stampa and Eco della Stampa, two professional news agencies, and FIEG and Promopress, two associations representing Italian newspaper publishers. The lawsuit arose out of the publication, by Data Stampa and Eco della Stampa, of an on-demand and customised press review that included articles retrieved from newspapers or parts of the same. According to the publishers, selecting pieces of newspapers to create a separate press review did amount to an act of reproduction or communication...