On 19 April 2023, the Italian Communications Authority ("AGCOM") issued Resolution No. 76/23/CONS launching a public consultation to implement Article 41 of the Italian Audio-Visual Media Service Code (as amended by Legislative Decree 208/2021), in order to ensure effective protection of users' fundamental rights towards providers of video-sharing platforms established in a foreign Member State but targeting the Italian public. The proposed regulatory framework is included in Annex A of the resolution and focuses on (a) the conditions required for the content disseminated through a video-sharing service to be qualified as content targeting the Italian public and (b) the procedure for the removal of audio-visual content that contrasts with the regulation's purposes to protect minors and consumers and to combat incitement to racial, sexual, religious or ethnic hatred, and/or that is detrimental to human dignity. Annex B provides the procedure for interested parties to participate in the public consultation. The deadline for providing AGCOM with written observations with reference to the proposed regulatory framework is 19 May 2023 (i.e., 30 days from the publication of the resolution on AGCOM's website).
Originally published by May, 2023
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