On July 25, 2013, the Italian Communications Regulatory Authority (“AGCOM”) approved a draft regulation to introduce a notice and take down process in relation to copyright infringement. The scheme will be submitted for public consultation and notified to the European Commission in order to be finally approved.
This plan follows earlier bids by AGCOM, which failed due to criticism from freedom of expression and privacy advocates.
AGCOM now tries to find a new balance between involved interests, by introducing a notice and take down process which presents some enhancements: i) it is started on demand of the copyright owner and not ex officio, after an unsuccessful removal request is sent to the page manager; ii) the content uploader, the page manager and the ISP may participate to the proceeding.
The scope of the take down procedure is limited to copyright infringements with commercial purposes and does not apply to private downloads.