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In a judgement of 5 February 1998, the Milan Court of Appeal (Corte di Appello) held that the sale or rental of videotapes not bearing the seal of SIAE (Italian Collecting Society for Authors and Publishers - Società Italiana Autori ed Editori) is punishable under article 171 third comma of the Italian Copyright law with imprisonment for between 3 months and 3 years and a fine from 500,000 up to 6 million Italian Liras. This judgement clearly differs from the interpretation of the Criminal Section by the Italian Supreme Court (Corte Suprema di Cassazione) in two judgements (of 12 July and of 16...

On 13 March 1998, following an appeal forwarded by the directors, the decision of the Governative Commission concerning the movie " Totò che visse duo volte" (see IRIS 1998-3: 7) was revised by the Appeal Commission. The distribution ban has been lifted, thus the film is currently shown in cinemas, provided that access is not permitted to children up to 18 years of age. According to Italian law, this limitation excludes that the movie can in the future be broadcast on television. On the same day the Government presented a Bill to Parliament. It is the Government's intention to abrogate the provisions...

On 4 November 1997 an important understanding was signed by Italy's national broadcasters Canal Plus, mediaset, Cecchi Gori Group and RAI, of the one part and the now privatized main telecom operator Telecom Italia, of the other part. Object of the Memorandum is the creation of a single digital platform for the distribution of TV programmes via cable and satellite. The text of the Memorandum requires the platform to be opened to all the potential content providers, which in turn will provide programmes in their final version. The service provider, a new company created by all of the above mentioned...

The Government Commission in charge of reviewing films intented for public distribution in film theatres decided on 3 March 1998 not to licence the film "Totò che visse due volte", realised by the directors Ciprì and Maresco. The provision which gives the Commission such powers is contained in law No 161 of 21 April 1962 (Article 2). According to the same law, authors and producers can appeal against the decision before another Commission as well as before the Administrative Tribunals. The decision is based on various grounds. The Commission inter alia considers the film to be blasphemous vis-à-vis...

On 15 April 1997, the Court of Cassation decided on the application of the "Television without Frontiers" A national broadcaster, Telemarket, the holder of a national licence to broadcast via terrestrial frequencies, was condemned by the Garante per l'editoria e la radiodiffusione to the payment of a fine. The broadcaster had transmitted fifteen hours of teleshopping programmes on one and the same day, therefore violating Article 18, paragraph 9 of Italian law n° 223 of 1990, enacted to transpose the "Television without Frontiers" Directive into Italian law. The broadcaster took legal action against...