Il blog di E-Lex

This Week in Italy No. 9 – E-Lex assists ANSO, FEMI and Open Media Coalition against the AGCom’s regulation on on-line copyright enforcement

Several Italian associations (including the Association of Online Press (Anso), the Federation of Independent Digital Media (Femi) and Open Media Coalition), assisted by e-Lex law firm, have taken legal action, before the Administrative Court of Lazio, against the new Communications Authority AGCom regulation on copyright on copyright enforcement.

According to these associations, Agcom would have not been empowered to adopt this regulation as its power should be limited to certain copyright works (audiovisual works) and to certain operators (providers of audiovisual media services). On the contrary, the Regulation approved is applicable to almost all the copyright infringements committed via internet and therefore should fall beyond the boundaries set by the Legislative decree No. 177 of 2005.

Furthermore it is complained the violation of the right to defense: the Regulation grant a too short period between the notification to ISPs and their reply, which jeopardizes constitutional rights and does not provide a balance between the opposite interests of intermediary operators and IPRs holders.

The new copyright enforcement regulation also holds an obligation on ISPs to disable access to contested websites, even if the application of this measure could inhibit the access to contents other than those reported by the copyright holder.

This provision seems to conflict with the views expressed in the opinion of the Advocate General of the Court of Justice in Case C-314/12, Deutsche Wikom Telekabel, according to which it is incompatible with the weighing of the fundamental rights of the parties to prohibit an internet service provider generally and without ordering specific measures from allowing its customers to access a particular website that infringes copyright.

The above mentioned associations also stated that they are willing to take a legal action also before the European Court of Justice as well as before the European Court of Human Rights.

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