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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...

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...

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...

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...

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,...