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Italian Communication Authority (AGCOM) publishes online copyright enforcement regulation

Submitted by jboyd on Fri, 12/13/2013 - 11:51

On 12 December 2013, the Italian Communication Authority (AGCOM) published a Regulation on online copyright enforcement, which will enter into force on 31 March 2014. It follows AGCOM's consideration that something must be done at the level of public institutions to fight digital piracy.

Similarly to what was recently recommended by the Lescure Report in France, the Regulation emphasises the promotion of legal content offers, education and information of consumers, and the adoption of codes of conduct.

The Regulation, which does not apply to copyright infringements carried out via P2P networks, contains a detailed "notice and takedown" procedure. The main targets of the Regulation are not end-users, but ISPs (in particular, mere conduit and hosting providers), which shall have 3 days from the receipt of AGCOM’s order to comply with it. In case of non-compliance, AGCOM may order administrative fines (from EUR 10,000 to ca. EUR 258,000).

AGCOM decisions may be appealed before Italian administrative courts.