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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....

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...