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IRIS 2012-3:1/26 [IT] Reform in the Field of Neighbouring Rights

The Italian government has adopted a reform (known as "Decreto Liberalizzazioni"), aimed at promoting the value of market competition. The recent Law Decree takes into account various issues, including neighbouring rights. Article 39 of the Decree states that in order to favour the creation of new undertakings aimed at protecting the rights of performers and producers - by enhancing competitive pluralism and allowing for a more economic-oriented management, as well as by favouring the actual involvement and control by rightsholders - administration and intermediation activities relating to neighbouring...

IRIS 2012-2:1/28 [IT] AGCOM Shortens the Procedures on Conflict of Interest

On 12 December 2011 the Autorità per le garanzie nelle comunicazioni (the Italian Communications Authority - AGCOM) adopted Deliberation no. 682/11/CONS amending the regulation on the resolution of conflicts of interest approved by Deliberation No. 417/04/CONS, according to Act no. 215/2004 (see IRIS 2004-10/30). According to this regulation, as already amended by Deliberation No. 392/05/CONS, AGCOM monitors the behaviour of media service providers headed or controlled by holders of a government post and providing privileged support to the latter. For this purpose, AGCOM evaluates any conduct,...

IRIS 2012-2:1/27 [IT] AGCOM Procedure for Detecting the Emerging Platforms for Audiovisual Sport Rights Marketing

On 17 November 2011 the Autorità per le Garanzie nelle Comunicazioni (Italian Communications authority - AGCOM) started an investigation procedure, to be concluded by 12 March 2012, aimed at detecting emerging platforms for the sale of audiovisual sports rights. Prior to the launch of a public consultation audiovisual media service providers operating on different distribution platforms had been asked to provide information on the media services they offer and the technological standards and equipments they employ. To support the development and growth of emerging platforms, Legislative decree...

IRIS 2012-1:1/31 [IT] AGCOM’s Rules on Short News Reports Annulled

On 13 July 2011 the Second Chamber of the Latium Regional Administrative Tribunal handed down its judgment on the complaint filed by the broadcaster Sky Italia seeking the annulment of AGCOM Decision 667/10/CONS. That judgment provides valuable insights as to the consistency between the Audiovisual Media Services Directive and the Italian regulatory framework on short news reports. The Italian Communications Authority adopted Decision 667/10/CONS laying down a regulation on short news reports on 17 December 2010 (see IRIS 2011-8/32). The legal basis for that regulation is Article 32-quater of the...

IRIS 2011-10:1/31 [IT] AGCOM Evaluation of Media Pluralism in the Integrated Communications System (SIC)

Pursuant to Article 43 of the Italian Audiovisual and Radio Media Services Code (Legislative Decree no. 177/2005, as amended in 2010 when the AVMS Directive was implemented into Italian legislation, see IRIS 2010-2/25 and IRIS 2010-4/31), which, in view of the value of competition and pluralism in the broadcasting sector, prohibits achieving and maintaining dominant positions, the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM), periodically conducts a specific analysis in order to estimate the resources included in the so-called “SIC” (Sistema Integrato...