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With Resolution no. 3/23/CONS of 19 January 2023, the Italian Communications Authority (AGCOM), as a first step in protecting copyright and related rights in the digital single market envisaged by Directive 2019/790 (and in particular in Article 15), approved the Regulation on fair compensation. A new right to fair remuneration granted to both publishers (right holders) and authors for the use online of journalistic publications by information society service providers has been introduced. In particular, in accordance with Article 43-bis of the Copyright Law (Legge sul diritto d’autore...

On 6 March 2023, AGCOM published Resolution No. 44/23/CONS, launching a public consultation on the draft regulation on the “remuneration chapter”, extended collective licenses, and the negotiation mechanism for audiovisual works on VOD platforms. The relevant provisions of the Italian Copyright Law, as amended in the context of the transposition of Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market, granted AGCOM a wide array of regulatory, supervising, ADR (alternative dispute resolution) and sanctioning powers. In particular, the...

With Resolution no. 22/23/CONS of 8 February 2023, the Italian Communications Authority (Agcom) launched a public consultation on the issue of resolving disputes between users and video-sharing platforms (VSPs). In the national regulatory provision which transposes in Italy the new Article 28-b of the AVMS Directive, AGCOM has been given the task of setting up an alternative system of dispute resolution between users and VSP providers for violations of the principles established by Article 42 of the TUSMA (the consolidated Law on Audiovisual Media Services), other than the right of judicial...

With Resolution no. 37/23/CONS of 22 February 2023, executing Article 30 of the Consolidated Law on Audiovisual Media Services (TUSMA), the Italian Communications Authority (AGCOM) unanimously approved the Regulation on the protection of fundamental human rights, respect for the principle of non-discrimination and the fight against hate speech (see IRIS 2020-4/23, 2019-4/25 and 2017-1/24). The public consultation launched with Resolution 292/22/CONS resulted in the submission of multiple contributions from media services providers - as the main addressees of the Regulation itself - as well as...

The board of the Italian Communications Authority (AGCOM) has agreed, unanimously, to fine Meta Platforms (Meta, which owns Facebook, Instagram, and WhatsApp) EUR 750,000 for the infringement of the gambling advertising prohibition introduced by the "Dignity decree". This is the first fine given by AGCOM to a social media platform (last August, AGCOM adopted its first sanction against the video sharing platform "YouTube", see Iris 2022-8/4). The Authority considered that Meta had conducted a clear infringement of the Italian Law prohibiting the diffusion of advertising...