Italy - Decision of the Constitutional Court on AGCOM’s regulation for online copyright protection On 12 December 2013, AGCOM issued a regulation on online copyright protection (No. 680/13/CONS). This was then brought before the Italian Constitutional Court in September 2014. The regulation establishes AGCOM’s powers in the area of copyright protection on electronic communication networks. The regulation also provides for a special administrative procedure for the evaluation and termination of copyright violations on the web and on audiovisual media services, mainly achieved by the direct involvement of the concerned internet service providers (ISPs). The regulation had been immediately appealed by a few consumer associations before the Italian Administrative Court. The latter issued its decision on 26 September 2014, and confirmed that AGCOM had acted within the powers granted by the law, but referred to the Italian Constitutional Court the question on whether such laws (on which the regulation is based) are in line with the Italian Constitution. Now, with a decision dated 21 October 2015 and filed with the court chancery on 3 December 2015, the Constitutional Court rejected the challenge that questioned the constitutional basis of the regulation. However, the Constitutional Court did not review the merits of the case, but rejected the challenge on the basis of technical / procedural aspects. Therefore, the core of the issue, i.e., whether or not AGCOM had the power to issue such a regulation, has not been examined. As a result of the decision, although the Constitutional Court did not decide on the merits, a number of associations of consumers and providers have sent a letter to AGCOM requesting once again the suspension of the regulation. For further information, please contact Raffaele Giarda and Saverio Ligi.
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Italy - Decision of the Constitutional Court on AGCOM’s regulation for online copyright protection
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