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At the beginning of 2008 Agcom (the Italian Communications Authority) adopted Deliberation no. 13/08/CSP, pointing out the risks that arise from making a show of ongoing judicial processes in TV programmes, such as docu-dramas and docu-fictions, which reconstruct legal cases in spectacular and attractive ways, in order to increase the audience by creating a sort of media tribunal that almost replaces the real one and compromising objectivity and impartiality of information. Throughout the above-mentioned deliberation, Agcom set out the following guiding principles for a correct representation of...

On 6 April 2011, the Italian Communications Authority (Autorità per le garanzie nelle comunicazioni - AGCOM) adopted Regulation no. 188/11/CONS on the promotion of European works by on-demand audiovisual media services (hereinafter “the Regulation”). The Regulation establishes the duties of video on-demand services related to the promotion of European audiovisual works, according to Article 44, paragraph 7 of the Audiovisual Media Services and Radio Code, adopted by Legislative Decree no. 44/2010. The Regulation has been adopted through co-regulatory procedures. For the development of the new rules,...

On 3 February 2011 AGCOM (the Italian communications authority) adopted a regulation concerning transparency and effectiveness in televoting in TV shows, after a public consultation launched in December 2010. The regulation, whose scope is limited to national broadcasters, aims to provide users with the necessary quality and transparency in televoting, which, in most cases, is a service provided in return for payment. AGCOM regulation lays down a few basic rules: users have to be transparently made aware of televoting with complete information on its function; all votes must be assured of equal...

On 20 January 2011 the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - Agcom) adopted deliberation no. 19/11/CSP setting up a standing monitoring Observatory on product placement. On account of the complexity of the subject, the Observatory is aimed at dealing with the practical enforcement of the primary rules adopted in 2010 in implementation into Italian legislation of Article 11 of the AVMS Directive 2010/13/EU (see IRIS 2008-1/3). Article 15 of legislative decree no. 44/2010 (see IRIS 2010-2/25) which introduced a new Article 40-bis into the Italian Broadcasting...

On 6 July 2011, the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - Agcom) approved (with seven votes in favour, one vote against and one abstention) a draft regulation of online copyright, Delibera 668/2010 (Decision 668/2010). The regulation establishes that for the removal of content protected by copyright, Agcom’s procedure is an alternative procedure, not substitutive in respect of the judicial procedure, intended to cease from the moment one of the parties appeals to the courts. The publication of the draft in the Gazzetta Ufficiale (Official Gazette) will...