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On 29 October 2015, by decision no. 210/2015, the Constitutional Court ruled on the constitutional legitimacy of Article 38(5) of Legislative Decree no. 177/2005 (Consolidated Text of the audiovisual and radio media services) as amended in 2010, which states that pay-TV channels are subject to hourly advertising limits shorter than those which apply to free-to-air broadcasters. The Constitutional Court ruled that this provision is in full accordance with the Italian Constitution. Article 38 provides stricter limits than those provided by Directive 2010/13/EU. The difference between the limit provided...

On 10 September 2015, the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) by means of Resolutions no. 157/15/CSP, 158/15/CSP and 159/15/CSP ordered the blocking of the DNS of several web pages hosted on servers managed by foreign companies through which it was possible to view football matches between Italian and foreign teams. The legal basis of the abovementioned AGCOM decisions is the Regulation for the protection of copyright on electronic communications networks adopted by means of Resolution no. 680/13/CONS on 12 December 2013. In particular Section...

On 5 October 2015, the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) issued Resolution no. 519/15/CONS on protection of customers in connection with contracts relating to the supply of electronic communication services. According to Articles 70 and 71 of Legislative Decree no. 253 of 1 August 2003, electronic communications providers must adopt all measures necessary to provide customers, in a clear and detailed manner, with the information required by law, particularly in case of distance contracts and off-premises contracts. The Regulation is aimed at...

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...

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,...