Legal analysis

Italy: Draft Regulation on Copyright Protection on Electronic Communication Networks

01 Oct 2013

In this analysis, ARTICLE 19 examines the Italian Draft Regulation on Copyright Protection on Electronic Communication Networks (Draft Regulation), which was published by the Italian Communication Authority (AGCOM) on 25 July 2013. It seeks to contribute to the public consultation, which was opened to evaluate the proposed provisions of the Draft. Our analysis is based on international freedom of expression standards and the best practices in this area.

In our view, the Draft Regulation contains some positive elements in terms of freedom of expression, particularly the exclusion of Internet users who download content on peer-to-peer networks from the scope of the Draft. It also puts emphasis on the promotion of legal content and education of consumers.

At the same time, the Draft Regulation falls short of international standards on freedom of expression in key respects. We are especially concerned that the Draft Regulation provides for the blocking of entire websites, domain names or IP addresses.  These measures are both ineffective and deeply inimical to free expression due to the high risks of over-blocking. We are also concerned that blocking powers would be entrusted to a regulator rather than the courts.

ARTICLE 19 urges AGCOM to consider the recommendations outlined in this analysis in the final draft of the Regulation and make sure that the copyright regime in Italy fully compliance with international human rights standards.

- See more at: http://www.article19.org/resources.php/resource/37271/en/italy:-draft-regulation-on-copyright-protection-on-electronic-communication-networks#sthash.CSQzCsp2.dpuf

In this analysis, ARTICLE 19 examines the Italian Draft Regulation on Copyright Protection on Electronic Communication Networks (Draft Regulation), which was published by the Italian Communication Authority (AGCOM) on 25 July 2013. It seeks to contribute to the public consultation, which was opened to evaluate the proposed provisions of the Draft. Our analysis is based on international freedom of expression standards and the best practices in this area.

In our view, the Draft Regulation contains some positive elements in terms of freedom of expression, particularly the exclusion of Internet users who download content on peer-to-peer networks from the scope of the Draft. It also puts emphasis on the promotion of legal content and education of consumers.

At the same time, the Draft Regulation falls short of international standards on freedom of expression in key respects. We are especially concerned that the Draft Regulation provides for the blocking of entire websites, domain names or IP addresses.  These measures are both ineffective and deeply inimical to free expression due to the high risks of over-blocking. We are also concerned that blocking powers would be entrusted to a regulator rather than the courts.

ARTICLE 19 urges AGCOM to consider the recommendations outlined in this analysis in the final draft of the Regulation and make sure that the copyright regime in Italy fully compliance with international human rights standards.

Key recommendations
Key recommendations

Key recommendations

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Continua qui: http://www.article19.org/resources.php/resource/37271/en/italy:-draft-regulation-on-copyright-protection-on-electronic-communication-networks