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IRIS 1995-2:1/15 [IT] Constitutional Court Allows Three Referendums on the 'Mammi' Law

On 11 January 1995, the Italian Constitutional Court has declared admissible, three referendums on Law N. 223 of 6 August 1990 governing public and private broadcasting in Italy (known as the "Mammi" law). Following this decision, the Italians will be asked to vote on the following three questions: 1. Should any private body holding a licence for national broadcasting be only allowed to run a single channel? - 2. Should there be no advertising breaks in films shown on television? - 3. Should there be a prohibition for advertising organisations to obtain revenue from more than two national channels?...

IRIS 1995-2:1/10 [IT] Statutory Order Implementing EEC Directive on Rental and Lending Rights and Certain Rights Related to Copyright

By Statutory Order of 16 November 1994, Italy finally implemented Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and certain rights related to copyright in the field of intellectual property. The Directive obliges the EC Member States to give right owners the exclusive right to prohibit or permit the rental or lending of their films on video tapes, CD's, books and certain works of art. Member States may restrict this exclusive right for public lending purposes in which case they are required to provide for payment of a reasonable compensation to the right owners:...

IRIS 1995-1:1/25 [IT] Constitutional Court Ruling on Media Ownership Rules

The Italian broadcasting sector is dominated by two major players: the State owned RAI and the private company Finninvest. Article 15 of the 1990 Law governing public and private broadcasting in Italy recognises the possession of three commercial television channels ( Canal 5, Italia 1 and Rete quatro) by Finninvest. Small television operators led by Telemontecarlo, Videomusic and Elefante TV challenged the law, which resulted on 5 December 1994 in a judgment of the Constitutional Court. The Constitutional Court decided that the law codified a dominant position in the media sector and ruled that...