AGCOM: Consumer Organizations And Internet Companies Mount Legal Challenge To Italy’s Extreme Copyright Enforcement Regulations
GlynMoody for www.techdirt.com
from the fightback-time dept
Techdirt has been following for a while the saga of Italy giving its Authority for Communications Guarantees (AGCOM), which regulates broadcasting and telecommunications, wide-ranging new powers to police online copyright infringement too. That culminated in the first instances of Web sites being blocked without any kind of judicial review earlier this year. Since then, there has been an important development as civil organizations and Internet companies have mounted a legal challenge to the new regulations. One of the lawyers involved in these actions, Fulvio Sarzana, explains what happened:
On 26 September 2014, The Italian regional administrative tribunal referred the question regarding the constitutionality of the administrative enforcement procedures foreseen by a new regulation on online copyright infringement to the Italian Constitutional Court.
the Regional Administrative Court of Lazio required the Constitutional Court to issued its judgment, since it held that the regulation might be unconstitutional, for violation of the principles of statute and judicial protection in relation to the exercise of freedom of expression and economic initiative, as well as for the violation of criteria of reasonableness and proportionality in the exercise of legislative discretion and of the principle of the court, in relation to the lack of guarantees and legal safeguards for the exercise of freedom of expression on the Internet.
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Studio Legale Roma Sarzana & Associati
This post is also available in: Italian