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On 17 December 2010 the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - Agcom) adopted a regulation concerning short news reports of events of major interest to the public, which are transmitted on an exclusive basis by a broadcaster under Italian jurisdiction. The regulation was adopted after a public consultation launched in June 2010, pursuant to Article 32-quater of the Italian audiovisual and radio media services Code (legislative decree no. 177/2005, as amended in 2010: see IRIS 2010-2/25 and IRIS 2010-4/31), which implements Article 15 of the Audiovisual...

On 25 November 2010 the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - Agcom) adopted two regulations on the authorisation of linear and non-linear audiovisual media services (deliberations no. 606/10/CONS and 607/10/CONS), pursuant to legislative Decree no. 44/2010 implementing the Audiovisual Media Services Directive into Italian legislation. For the purposes of licensing, linear services include audiovisual media and radio services conveyed through electronic communications networks other than coaxial cable, satellite and terrestrial platforms, which are regulated...

In its Decision of 16 February 2011, No 70/11/CONS, the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - Agcom) surveyed the measures to protect pluralism set out in Decision 136/05/CONS and repealed the obligation imposed on RTI to rely upon an advertising agency other than Publitalia for the sale of advertising for its digital terrestrial transmissions. According to Agcom, RTI has fulfilled that obligation by establishing Digitalia and entrusting to that company the sale of advertising for pay-TV programmes broadcast on digital terrestrial networks. The sale of...

On 16 June 2011 the Intellectual Property Section of the Italian Court of Appeal overturned the Court of Rome’s recent decision in the Yahoo! Case regarding the removal of links that infringe copyright (see IRIS 2011-7/30). The Ninth Section of the Court of Rome had found that Yahoo! acted as an accessory in the proliferation of pirated links, establishing for the first time liability for contributory infringement of search engines that do not take an active role in combating online piracy. The Court of Appeal has now accepted all the requests submitted by Yahoo!. According to the Court, Yahoo!...

On 19 July 2011 the European Commission sent requests for information in the form of letters of formal notice, the first step in the process of an EU infringement procedure, to 20 EU member states. The member states in question, namely Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia and Spain, have not yet notified to the Commission measures to implement the new EU Telecoms Package, formally adopted after two years of heated negotiations at the end of 2009...