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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...

IRIS 2014-4:1/23 [IT] Supreme Appeal Court Finds Google Executives Not Liable for Violent Video

In a ruling of 17 December 2013, the Italian Supreme Court of Appeal, following a lengthy legal dispute, found Google not liable for the distribution of an insulting video on the Google Video platform. The full text of the judgment is now available. The video, filmed on a mobile phone, showed several youngsters bullying and making fun of a mentally handicapped classmate. The young people responsible had been identified with Google’s help and sentenced to community service in an earlier procedure. Three of the four Google executives accused had received a six-month suspended prison sentence for...

IRIS 2014-3:1/32 [IT] Court of Cassation Rules on Right to Image in relation to a Gay Pride Parade Television Feature

On 18 September 2013, the Third Civil Chamber of the Italian Supreme Court of Cassation handed down a significant ruling concerning the scope of a person’s right to the protection of his or her image in the context of television features concerning public interest events, namely the gay pride parade held in Rome on 8 July 2000. According to Article 96 of the Italian Copyright Act (ICA), a person’s image cannot be displayed without his or her consent. Article 97(1) ICA, however, stipulates that no consent is required, inter alia, when the display of a person’s image occurs in association with facts,...

IRIS 2014-3:1/31 [IT] AGCOM Adopts a Regulation on Copyright Protection

On 12 December 2013, the Italian communications authority - AGCOM (Autorità per le garanzie nelle comunicazioni) gave final approval, by deliberation no. 680/13/CONS, to a regulation concerning the protection of copyright on electronic communication networks, pursuant to the Italian Audiovisual and Radio Media Services Code (legislative decree no. 177/2005, as amended in 2010: see IRIS 2010-2/25 and IRIS 2010-4/31) and to the E-Commerce Directive, following a public consultation launched in July 2013 by deliberation no. 452/13/CONS. The approval of this regulation ends a process started in 2010,...

IRIS 2014-1:1/32 [IT] Open Access in Italy

On 7 October 2013, the Italian Parliament approved the Law 112/2013 concerning the valorization of culture. Through Section 4 of this Law, the Italian Parliament aims to align its national law with the European Open Access policies emerging in the EU FP7 and in the EU Horizon 2020, as well as those expressed in the EU Commission’s Recommendation of 17 July 2012 on access to and preservation of scientific information and Commission’s Communication “Towards better access to scientific information: Towards better access to scientific information:Boosting the benefits of public investments in research”. In...