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IRIS 2015-2:1/26 [IT] Government Adopts Legislative Decree on Permitted Uses of Orphan Works

On 10 November 2014, the Italian Council of Ministers adopted legislative decree no. 163 implementing Directive 2012/28/EU on certain permitted uses of orphan works (i.e. works whose rightholders cannot be identified or located) by publicly accessible libraries, educational establishments and museums, as well as by archives, film or audio heritage institutions and public-service broadcasting organisations (see IRIS 2012-10/1). The above decree, adopted by virtue of the powers delegated to the Government by the Parliament in the European Delegation Act for 2013 (Law of 6 August 2013, no. 96), introduces...

IRIS 2014-9:1/23 [IT] AGCOM adopts new regulation on transfer of ownership and enforcement of concentration limits in the media sector

On 17 July 2014, the Autorità per le garanzie nelle comunicazioni (Italian media regulation authority - AGCOM) adopted a new regulation concerning the notification of transfers of ownership, mergers, and agreements in the broadcasting sector, as well as the enforcement of the concentration limits set out in the Consolidated Law on Audiovisual and Radio Media Services (CLARMS). The regulation, which consists of six chapters, replaces and repeals an earlier regulation attached to AGCOM Decision no. 646/06/CONS.  The regulation first deals with the notification requirement for transfers of ownership...

IRIS 2014-8:1/30 [IT] AGCOM launches a public consultation on promotion of European works by on-demand audiovisual media service providers

On 6 May 2014 the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) launched, by Resolution no. 151/14/CONS, a public consultation on the obligations to promote European works applicable to non-linear (i.e., on-demand) audiovisual media service providers (VOD providers). Article 4-bis of the Regulation approved by AGCOM Resolution no. 66/09/CONS, requires VOD providers to alternatively: (i) ensure that their catalogue contains at least 20 per cent European works, calculated in terms of the total number of hours of programming made available each year in the...

IRIS 2014-8:1/2 United Nations: The mission to Italy of the UN Special Rapporteur on freedom of opinion and expression

In November 2013 the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, undertook an official visit to Italy and on April 29, 2014 delivered his Report. Not surprisingly, the UN Special Rapporteur acknowledges that Italy protects freedom of opinion and expression and the Italian legal framework is in line with the relevant international standards. At the same time, the UN Special Rapporteur raises some concerns and recommends the adoption of certain measures. Although Resolution 1577 (2007) of the Council of Europe Parliamentary...

IRIS 2014-6:1/24 [IT] Parliamentary Committee Approves Service Contract for Italy’s Public Service Media Operator

On 7 May 2014, the Joint Committee of the Italian Parliament responsible for the oversight of public service media (Commissione parlamentare per l'indirizzo generale e la vigilanza dei servizi radiotelevisivi) gave its opinion on the draft national service contract, which will govern the relationship between Italy’s public service operator (RAI) and the Ministry for Economic Development (the Ministry) for the next three years. The national service contract is an act of paramount importance in Italian media policy insofar as it is instrumental in the definition of RAI’s public service remit, along...