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On 31 July 2005, the Italian Government adopted a Code collecting and rationalising all existing provisions in the radio and television broadcasting sector on the basis of a specific delegation by Parliament contained in the so-called Gasparri law (see IRIS 2004-6: 12) which is still in force. The Code was adopted by a decreto legislativo (legislative decree) and has the same force as an ordinary law, with the possibility of directly amending existing legislation. The Code is divided into ten sections and is intended to replace the former regulatory regime of the sector. It does not apply to print...

On 8 March 2005 the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) amended the Regulation on advertising (see IRIS 2001-9: 11) introducing new provisions on teleshopping. All products/services on sale must be accurately described and the price must be exactly explained according to the distance marketing directive. Astrology services, games, lotteries, etc… charging fee additional to the ordinary cost of phone calls cannot be marketed via teleshopping. Any spot or telepromotion requiring a phone call charging an additional fee must clearly inform the viewers...

On 22 March 2005 the Autorità garante della concorrenza e del mercato (Italian Competition Authority - AGCM) opened an investigation in order to ascertain whether Mediaset abuses its dominant position in the broadcasting market with regard to the negotiation of sports rights. In the summer of 2004, Mediaset bought the exclusive rights to broadcast the home football matches of the following teams of the Italian Serie A and Serie B tournaments: Milan, Inter, Sampdoria, Livorno, Messina, Roma, Atalanta, Juventus from July 2004 to June 2007. In addition to the sports rights, Mediaset also bought connected...

The European Commission has formally closed procedures under EC Treaty State aid rules (article 88) probing into the financing mechanisms of public service broadcasters in three Member States. Italy, France and Spain have been the object of the Commission's scrutiny since the end of 2003. Its main concern was to ensure that no market distortion could arise from state aid granted to national broadcasters entrusted with the fulfilment of a public service mission. In its 2001 Communication on applying state aid rules to public service broadcasting, the Commission has clarified both what is to be defined...

On 2 March 2005 the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) concluded the first analysis of the Italian broadcasting and advertising markets according to the Broadcasting Act no. 112/2004 (see IRIS 2004-6: 12) and adopted specific remedies to ensure pluralism in these markets. The proceeding was opened in October 2004 pursuant to art. 14 of law no. 112 and concluded that the concerned markets are still characterized by a duopolistic structure where RAI, RTI (controlled by Mediaset) and Publitalia (RTI's advertising agency) hold a position capable...