Lazio
07 April 2017
Reporter: Barney Dixon

Italian court backs legality of administrative website blocks


The Italian Authority for Communications Guarantees, known as AGCOM, can order ISPs to block websites deemed to be infringing copyright, without judicial review, the Regional Administrative Court of Lazio has ruled.

The Italian government introduced legislation in 2014 that gave AGCOM the authority to block websites on behalf of rights holders without having to go to court.

The regulation faced criticism soon after it was introduced, with consumer rights groups and organisations, including Altroconsumo, challenging it in court.

But in a ruling last month, the Lazio court said that the regulation is “in compliance with EU rules”.

The Lazio court said: “In order to ensure effective protection of copyright, the provider is required to cooperate with the judicial authority or the administrative authority having supervisory functions in the event that it becomes aware of alleged illegal activities undertaken or information concerning a recipient of its services.”

The court said that this highlights the requirement of the “continuing existence of AGCOM” and the regulation.

AGCOM commissioner Antonio Martusciello “welcomed the favourable outcome of the case”.

“[AGCOM] will continue to operate with the balance that has characterised it to date by acting as a guarantee to the creative industry and favouring lawful forms of cultural products.”

Enzo Mazza, chief of the Italian Music Industry Federation (FIMI), said it was a “good decision” that had balanced a range of arguments, including violation of the technical reasonableness principle, the right of defence, against various EU regulations and directives.

Mazza said: “The judges examined point by point all the objections raised by lawyers of consumer associations and online brokers, confirming, once again, the goodness and absolute balance of the AGCOM model at the European level.”

More Copyright news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
BREIN shuts down sheet music group
17 August 2017 | Amsterdam | Reporter: Barney Dixon
Dutch anti-piracy group Brein has closed down a Facebook group that was offering infringing sheet music
Prosecutions are coming following GoT leak
17 August 2017 | Maharashtra | Reporter: Barney Dixon
Four people have been arrested in connection with the leak of an episode of hit HBO TV show Game of Thrones, Star India has confirmed
Sci-Hub holds more than two thirds of all scholarly articles
16 August 2017 | | Reporter: Barney Dixon
Academic pirate website, Sci-Hub contains nearly 69 percent of all 81.6 million scholarly articles, which rises to 85 percent for those published in closed access journals
Take-Two scores slam dunk in NBA case
14 August 2017 | New York | Reporter: Barney Dixon
The maker of the NBA 2K video game series, Take-Two, has won the dismissal of statutory damages of as much as $150,000 per copyright infringement in its legal battle with Solid Oak Sketches
ImageRights acquires Image Witness
11 August 2017 | Boston | Reporter: Barney Dixon
ImageRights said the acquisition will bolster its “technology leadership position in the fast-growing copyright enforcement services industry”
Binded announces US Copyright Office integration
09 August 2017 | San Francisco | Reporter: Barney Dixon
Blockchain-based copyright protection startup Binded has introduced one click-registration with the US Copyright Office
US right to indict KickAss Torrents founder
08 August 2017 | Illinois | Reporter: Barney Dixon
The US government was right to indict Artem Vaulin, the founder of peer-to-peer file sharing site KickAss Torrents, a US judge has ruled