Wednesday 15 January 2014

BREAKING NEWS: EU Commission had serious doubts about Italian Communication Authority draft online copyright enforcement regulation

As just announced on the IPKat, today fellow Kat Alberto Bellan and I finally got access to the super-mysterious letter [available here] that the EU Commission sent to the Italian Communication Authority (AGCOM), shortly prior the adoption of its Regulation on online copyright enforcement [on which see here and here; unofficial English translation is available here]

As recalled here, by adopting its Regulation AGCOM set a very important precedent, for Italy and the EU alike. As regards the former, it is the first time in Italy that an administrative authority (as is AGCOM) has vested itself with powers (to grant injunctions) which traditionally have fallen within the competence of courts. As regards the latter, the Italian experiment has the potential to be looked at with either interest or fear by the other Member States, as well as informing debate around forthcoming review of the InfoSoc and Enforcement Directives.

Also in consideration of the "innovative" approach to be taken in the Regulation, the EU Commission was asked to provide comments on its first draft [see notification webpage here] focusing on compatibility with EU law, notably the Ecommerce Directive and the Charter of Fundamental Rights of the European Union.

Contrary to what AGCOM President Marcello Cardani declared a few hours ago during a hearing before the Italian Parliament, the EU Commission had many questions and serious doubts about the draft regulation that AGCOM was thinking of adopting. Amongst others, doubts related to compatibility with the fundamental right of defence.

Read it all on the IPKat and let us know what you think!

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