Last December 12, 2013 the Italian Communication Authority (AGCOM) approved a new regulation on online copyright enforcement that will enter into force on March 31, 2014.
The new regulatory framework is a first-of-its-kind for Italy or the EU.
Such new rules may potentially affecting all companies with a digital presence: not only ISPs and social media, but also companies hosting forums, newsgroups or any kind of user-generated content.
According to such rules, AGCOM may order access or hosting providers to remove “digital works” (pictures, videos, texts, etc.) which are alleged to infringe online copyright or related rights. In case of “massive” infringement AGCOM may shut-down the website.Fast track proceedings will apply: companies will have only 5 days to file with AGCOM a defendant’s brief (3 days in the accelerated track).
Companies with a digital presence should determine whether new procedures and safeguards need to be in place to avoid being caught up in infringement proceedings before AGCOM.
Portolano Cavallo Studio Legale has prepared a mini-website to work as a practical toolkit to help non-Italian speakers to understand the new regulation.