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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...

On 22 July 2011, by approving Deliberation no. 427/11/CONS, the Italian Communications Authority (AGCOM) launched a public consultation on the protection of media pluralism in the digital terrestrial broadcasting market. Remedies for the protection of pluralism were first set up by Deliberation no. 136/05/CONS (see IRIS 2005-5/19), and then revised by Deliberation no. 70/11/CONS (see IRIS 2011-8/30), in accordance with a revision clause contained in the first Deliberation. In particular, Deliberation no. 70/11/CONS repealed Article 1, paragraph 1, lett. b) no. 1 of Deliberation no. 136/05/CONS,...

In order to clarify the interpretation of Regulation no. 220/11/CSP on parental control (hereinafter “the Regulation”), adopted on 22 July 2011 (see IRIS 2011-8/33), the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) published, on 1 August 2011, interpretative guidelines on the broadcasting of films rated as not suitable for minors under 14 and 18 years (“Chiarimenti interpretativi sulla normativa in materia di diffusione sui servizi di media audiovisivi di film vietati ai minori di anni 18 e 14”). Considering the existence of different interpretations of...

On 23 June 2011 by Deliberation no. 353/11/CONS the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) adopted a new Regulation concerning the licensing of digital terrestrial television pursuant to Directive 2010/13/UE and Legislative Decree no. n. 177 of 2005, as amended by Decree no. 44/2010 implementing the Audiovisual Media Services Directive into Italian legislation. The new Regulation replaces Deliberation no. 435/01/CONS (see IRIS 2002-1/18 and IRIS 2003-4/20) and was adopted after a public consultation (launched by Deliberation no. 212/11/CONS), to...

On 23 September 2011, the Court of Rome decided to uphold a complaint made by RAI, Milly Carlucci (TV presenter of the show “Ballando con le Stelle”) and Bailandi Entertainment s.p.a. against RTI and Endemol (Mediaset group) for infringement of broadcasting rights in RAI's TV show “Ballando con le stelle” by Mediaset's show “Baila!”. Milly Carlucci and the other co-authors of the show “Ballando con le Stelle” initiated a complaints procedure in order to protect their copyright in the show. In the second phase RAI also intervened in the complaint, arguing the infringement of competition law as well....