Gianni & Origoni
  February 20, 2011 - Italy

The New Resolutions of the Italian Media Authority on the Audiovisual Media Services via the Internet
  by Gianni, Origoni, Grippo & Partners

The AGCOM (the Italian Media Authority) has recently published (on December 28th, 2010) two resolutions

concerning the broadcasting services of audio and/or video contents (so-called “audiovisual media services”)

in “linear” mode (“streaming” or “simulcast” services: Resolution n. 606/10/CONS) and in “non-linear” mode

(“downloading” or “on demand” services: Resolution 607/10/CONS) through the “other means of electronic

communication” contemplated by the Broadcasting Code (as recently amended by the legislative decree

March 15th, 2010 no. 44, so-called “Romani Decree”) which had not been regulated yet (principally, the

Internet).

These resolutions are of great significance not only for the novelty of the matter (administrative regulation of

the audiovisual media services provided via the Internet), but also for the way they regulate the new matter:

appearing somewhere to overlap and in some way collide with the rules of the Broadcasting Code as

amended by the Romani Decree (which are super-ordinate and which the new resolutions were expected to

simply implement from an administrative perspective), and with the rules of the legislative decree no. 70/2003

on the “electronic commerce” (which also is super-ordinate) as to the liability of the Internet Service Provider.

The Contents of the New Resolutions

The new resolutions extend to the audiovisual media services providers via the Internet which fall in its field

of action (see below) the authorizations, operations and sanctions system provided by the Broadcasting

Code and the implementing AGCOM resolutions for the audiovisual media services providers via cable,

satellite and digital terrestrial (fixed and mobile).

The Authorizations System

In order to lawfully provide audiovisual media services over the Internet in linear mode, the Internet operators

subject to the new regulations must preliminary require to, and obtain from, the AGCOM a specific

authorization.

As to non-linear audiovisual media services, the authorization is replaced by a certified start-up notification to

be sent to AGCOM.

In any case, a one-off payment of 500 euro (for audiovisual services) and of 250 euro (for audio services)

must be paid to AGCOM.

The Internet operators which, at the date of the coming into force of the new resolutions, have already been

delivering audiovisual media services over the Internet capable to fall within the field of action of the new

resolutions, must file their application for authorization or, as the case may be, their start-up notification with

AGCOM within the term of one year.





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