Thursday 12 December 2013

Italian Communication Authority issues online copyright enforcement regulation (at last)

Following an earlier failed attempt, a (good) number of mixed signals, suggestions of missing competence to adopt a regulation, a public consultation [handily launched in August last], allegations of violating fundamental freedoms, and EU Commission's evaluation (here, here, hereherehere), this morning the Italian Communication Authority (AGCOM) published its Regulation on online copyright enforcement, or Regolamento in materia di tutela del diritto d'autore sulle reti di comunicazione elettronica e procedure attuative as sensi del Decreto Legislativo 9 Aprile 2003, No 70 [by adopting Legislative Decree 9 April 2003, No 70, Italy implemented the Ecommerce Directive]

The Regulation, which will enter into force on 31 March 2014, follows AGCOM's own consideration that something must be done at the level of public institutions to contrast digital piracy. The Regulation is aimed at "massive violations", not individual users and P2P activities. As such, the Regulation "does not affect online freedoms at all".

No, he's not a new member of AGCOM ...
But still ...

Similarly to what was recently recommended in France by the Lescure Report (here and here), the Regulation emphasises how more effective enforcement must go hand in hand with the promotion of legal content offers, education and information of consumers [notably younger ones], and adoption of codes of conduct. 

Overall, the Regulation contains a detailed discipline of an innovative [also in the sense that AGCOM not only drafted and adopted the Regulation, but will be also competent to apply it ... Is that L'Etat c'est moi 2.0 or what?] "notice and takedown" procedure that is intended - among other things - to be particularly swift and effective. 

A more detailed analysis of the Regulation will follow shortly on the IPKat. 

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