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On 4 September 2012, the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) adopted resolution no. 392/12/CONS amending Regulation no. 667/10/CONS on short news reports of events of high interest to the public transmitted on an exclusive basis by a broadcaster under Italian jurisdiction. This regulation was adopted pursuant to Article 32-quarter of the Italian AVMS Code, which implemented Article 15 of the AVMS Directive (see IRIS 2011-8/32 and IRIS Plus 2012-4). The amendment follows a judgment of 23 March 2012 of the Consiglio di Stato (the High administrative...

The logical channel numbering plan (LCN) for digital terrestrial television adopted by AGCOM - Autorità per le garanzie nelle comunicazioni (the Italian Communication Authority) has been declared void by four judgments (no. 04658/2012, no. 04659/2012, no. 04660/2012, no. 04661/2012) of the Consiglio di Stato (the Italian High Administrative Court) published on 31 August 2012. The LCN plan was adopted with AGCOM resolution no 366/10/CONS of 15 July 2010 pursuant to Article 32 of the Italian AVMS Code after a public consultation and a specific survey on the preferences and behaviours of viewers. The...

On 28th June 2012 the Italian Government adopted Legislative Decree no. 120/2012 amending the Italian AVMS Code (Legislative Decree no. 177/2005, already amended in 2010, when the AVMS Directive was implemented into Italian legislation: see IRIS 2010-2/25 and IRIS 2010-4/31). This Decree has been adopted with the aim of amending some provisions on the protection of minors and trailers of cinematographic works adopted in 2010 at the time of the implementation of the AVMS Directive and which led to some remarks by the European Commission (see IRIS 2011-5/5). With regard to trailers of cinematographic...

The TAR Lazio, Italian administrative court in Rome, has ruled that the broadcaster RAI violates its public service charter by encrypting its free-to-air (FTA) channels and denying “Sky Italia” the ability to carry the RAI channels. The satellite provider had filed a suit with the TAR administrative court challenging a 2009 decision by the Italian communications regulator AGCOM that permitted RAI to encrypt some programming. Rai encrypted some of its content on the sky platform, including football matches. When RAI began encrypting its FTA broadcasts, Sky Italia launched its Digital Key DVB-T decoder...

On 23 March 2012, the Council of State handed down its judgment in the case AGCOM v. Sky Italia. On 13 July 2011, the Lazio Regional Administrative Court (TAR Lazio) annulled AGCOM’s rules on short news reports set out in decision 667/10/CONS insofar as they set at three minutes the maximum duration for such reports, but confirmed the applicability of those rules both to internal and cross-border situations (see IRIS 2012-1/31). AGCOM and the broadcaster Sky Italia appealed the TAR Lazio ruling before the Council of State. Its judgment clarifies the territorial scope of the provisions on short...