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On 13 January 2015, the Italian Communications Authority - AGCOM (Autorità per le garanzie nelle comunicazioni) approved, by Resolution no. 19/15/CONS, the final text of the investigation related to the drafting of a White Paper on “Television 2.0 in the Age of Convergence”. The investigation was launched by AGCOM by means of Resolution no. 93/13/CONS of 6 February 2013, with the aim at carrying out an in-depth analysis of the general issues related to new television services through IP protocol in the electronic communications sector. According to AGCOM, there were three main points to be investigated:...

On 2 February 2015, the Italian Communications Authority - AGCOM (Autorità per le garanzie nelle comunicazioni) launched a public consultation on a codified regulation on the obligations to promote European works applicable to both linear and non-linear or on-demand audiovisual media service providers (Resolution no. 21/15/CONS), as well as a fact-finding inquiry aimed at collecting information on the production of the audiovisual content sector (Resolution no. 21/15/CONS). First, due to changes to the relevant legal provisions, the current regulatory framework has been substantially amended several...

On 7 January 2015, the Appeals Court of Milan issued a decision that represents a turning point in Italian case law on the role and liability of internet service providers (ISPs), insofar as it rejects the “Italian” distinction between “active” and “passive” hosting providers, lending a new perspective to the issue. The case was brought by Reti Televisive Italiane S.p.A (RTI), Italy’s main private broadcaster and part of the Mediaset group, against Yahoo! Italia S.r.l. (Yahoo! Italia) and Yahoo!, Inc. The decision overturned a previous decision of the Milan Court of First Instance issued on 19...

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...

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...