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In its judgment in the case of Ricci v. Italy the European Court of Human Rights found that the suspended prison sentence of a TV presenter for disclosing confidential images violated Article 10 of the Convention. The Court is of the opinion that the nature and severity of the prison sentence constituted a disproportionate interference with the applicant’s right to freedom of expression. The Court’s judgment confirms that prison sentences for defamation of public persons or for making confidential information public, in principle amount to a breach of Article 10 of the Convention (see...

On 30 August 2013, the Third Chamber of the Council of State affirmed the judgment handed down by the Latium Administrative Court on 11 July 2012 (see IRIS 2012-8/31) concerning the encryption by RAI, the Italian public service media operator, of some of its programming and its refusal to supply them on a free-to-air basis with the satellite pay-tv operator Sky Italia. For several years, Sky Italia users could view RAI’s programmes via their Sky Italia decoder box. In September 2008, RAI, RTI, and TI Media, the three main Italian free-to-air television operators, set up a joint venture named Tivù....

The European Court of Human Rights has delivered a new judgment against Italy for interfering with the freedom of expression and public statements related to the “war” between judges, prosecutors and the police in the context of combating the Mafia (see also Perna v. Italy (GC), see IRIS 2003-8/2). The judgment reflects a tension between the freedom of parliamentary speech on the one hand, and the restrictions and obligations on the media reproducing or publishing statements by politicians covered by their parliamentary immunity on the other hand (see also Cordova no.1 and no.2 v. Italy,...

On 18 July 2013, the Second Chamber of the Court of Justice handed down its judgment in the Case C-234/12, Sky Italia v. AGCom. According to Italian law, pay-tv broadcasters are subject to a 14% hourly advertising limit and free to air broadcasters are subject to an 18% hourly advertising limit. In the proceedings before the Latium Administrative Court concerning a fine imposed on Sky Italia for the breach of the 14% threshold, the Court of Justice was requested to provide a preliminary ruling as to whether Directive 2010/13/EU (the Audiovisual Media Services Directive (AVMSD)) and EU primary law...

On 16 May 2013, Advocate General Kokott delivered her opinion in Case C-234/12, Sky Italia v. AGCom concerning the issue of whether Directive 2010/13/EU (the AVMS Directive) and EU primary law should be interpreted as precluding the Italian asymmetric hourly advertising limits for pay-tv operators. Under Italian law pay-tv broadcasters are subject to a 14% hourly limit, whereas free-to-air commercial broadcasters must comply with an 18% hourly limit. The referral to the ECJ originates in a dispute before the Latium Regional Administrative Court (TAR Lazio) in which Sky Italia impugned a decision...