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IRIS 2015-9:1/19 [IT] AGCOM’s guidelines on the quantification of fines

On 16 July 2015, the Italian Communications Authority (Autorità per le garanzie nelle comunicazioni - AGCOM) issued new Guidelines on quantification of AGCOM’s administrative pecuniary sanctions. AGCOM’s Resolution no. 410/14/CONS set forth procedural rules on fines and commitments, as a consequence of the ascertained infringements. In the preamble of the same Resolution, AGCOM pointed out that there is a consolidated practice related to the infliction of sanctions, and the adoption of an official set of Guidelines to regulate the matter is to be considered a best practice. This is because in this...

IRIS 2015-8:1/23 [IT] Court of Rome rules Wikimedia Foundation not liable for content posted by users

On 14 July 2015, the Court of Rome, First Civil Section, rejected in Decision no. 15422 the claims filed by the Italian Parents’ Non-profit Organisation (MOIGE) concerning Wikimedia Foundation Inc., aimed at seeking compensation for damages deriving from a defamatory description of the same organisation on the Wikipedia online encyclopaedia. MOIGE sued Wikimedia Foundation Inc., the foundation which owns and manages the famous online encyclopaedia Wikipedia, before the Court of Rome in order to seek compensation for damages deriving from MOIGE’s description provided on the relevant Wikipedia page,...

IRIS 2015-8:1/22 [IT] AGCOM Public consultation on identification of emerging platforms for the purpose of marketing audiovisual sports rights

On 9 July 2015, the Italian Communications Authority (Autorità per le garanzie nelle comunicazioni - AGCOM) approved Resolution no. 414/15/CONS, launching a public consultation related to the identification of emerging platforms for the purpose of marketing audiovisual sports rights. According to Section 14, paragraph 1, of Legislative Decree no. 9 of 9 January 2008, AGCOM identifies periodically, and at least every two years, emerging platforms (for previous consultations, see IRIS 2012-2/27). With reference to the marketing of audiovisual rights intended for emerging platforms, the aforementioned...

IRIS 2015-8:1/21 [IT] AGCOM reviews the national frequency allocation plan for local television

On 25 June 2015, the Italian Communication Authority (Autorità per le garanzie nelle comunicazioni - AGCOM) adopted through Resolution n. 402/15/CONS the plan for allocating the frequencies allotted to Italy based on the 2006 Geneva Agreement and not assigned to national network operators for the digital terrestrial television service (for previous plans, see IRIS 2012-5/30). Pursuant to Article 6, paragraph 8, of Act 21 February 2014, n. 9, as amended by Article 1, paragraph 147 of Act of 23 December 2014, n. 190 (Stability Law 2015), the decision of the Italian regulatory authority makes transmission...

IRIS 2015-7:1/21 [IT] AGCOM proceeding aimed at ascertaining dominant positions in the sector of audiovisual media services

On 12 May 2015, the Italian Communications Authority (Autorità per le garanzie nelle comunicazioni - AGCOM) approved Resolution no. 286/15/CONS starting the proceeding aimed at identifying the relevant market(s), as well as ascertaining dominant positions or positions that otherwise affect pluralism in the sector of audiovisual media services. According to Article 43, paragraph 2 of Legislative Decree no. 177 of 31 July 2005, upon reporting on an interested topic or on its own periodical initiative, AGCOM: (i) identifies the relevant market in compliance with the principles set forth under Articles...