The Italian Authority for Communications, the white paper on digital content and amnesia.

The Italian Authority for Communications announced with great publicity in the media presentation of a white paper on digital content will be January 26, 2011 in its Rome headquarters.

The White Paper, available on the Authority’s website devotes 16 pages to the issue of copyright in digital networks.

The section on copyright is subject to the real surprises.

The first surprise.

Although it has been approved by the Board of the Authority on December 17 last, a resolution containing the features of skills in the field of copyright on electronic communications and is still being consulted initiated by the Authority that, As is well known mechanisms introduces very “invasive” delete content deemed capable of infringing copyright, and despite the White Paper also explicitly addresses the Italian situation there is not even a line on the same act of AGCOM, almost a month and a half since the launch of the consultation.

Nothing at all.

Why is that?


Not to mention the general public that the Authority was approved by the Council a resolution that is able to “jump” the mechanics of Parliamentary debate on the reform of existing institutions?

 In short, the Authority on December 17 introduces a system of de facto elimination of the content and inhibition of access of users to Italian and foreign websites and makes no mention of a month and a half after speaking of herself in the section on the right of ‘copyright in the digital environment in the White Paper on digital content?

Second surprise.

In analyzing the experiences of other countries AGCOM expressly mention all the foreign initiatives in the field of copyright in the digital environment, and, in particular the regulatory initiatives already undertaken in the United States under the Digital Millennium Copyright Act, those in the making of Britain under the Digital Economy Act, the submission of the draft law “sustainable economy” under discussion in Spain, the establishment of the HADOPI in France, which took place with state law, the bill concerning the reform of the Brazilian law Copyright.

Well all the rules of these countries, some of which actually suggest scenarios for resolving disputes about the content in digital networks are also innovative, as is obvious and easy to analyze state laws, or will be adopted in the context of a parliamentary debate, after on balance carefully the instances of all stakeholders in the process and having carefully considered the introduction of mechanisms of inhibition or deletion can affect the fundamental rights of internet access to all Italian citizens.

All except one.

The Italian Bill, which does not exist and has never been presented to parliament and that the current state is replaced by a resolution of an administrative authority, albeit qualified, that she forgot to have it approved a month and a half later, before and beyond any control by the Parliament.

Fulvio Sarzana
Studio Legale Roma Sarzana & Associati
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