The European Court of Justice has recently been called on to rule on the use of the Internet and more specifically, of so called free wifi networks (namely wifi networks not protected by passwords), which are often used by Internet users who violate copyright rights, in taking advantage of the anonymity guaranteed by the net.
With its decision of the 15th September 2016 regarding lawsuit C-484/14, the Court of Justice ruled in favour of the acquittal of the administrator of a local wireless network, which was free and accessible without authorization, and which had been used by a user for the online distribution of a piece of music without the consent of the copyright holders.
Acknowledging Internet access services to be a service in the information society, which simply consist in the provision of access to a communication network, the Luxembourg Court adjudged the wifi network administrator to be exempt from all liability in accordance with Directive 2000/31/EC. As in the case of hosting service providers, the latter is in fact under no obligation (nor does he have the concrete means) to have any knowledge of and monitor information transmitted by his network.
However, keeping the necessary balance between fundamental rights (in the present case, the freedom to do business and copyright), the Court further stated that national judicial authorities may require service providers to put a stop to copyright violations or to prevent them, provided that the technical measures necessary to achieve this do not excessively restrict the provider’s freedom to do business.
According to the Court of Justice, protecting wifi networks with a password represents a technical measure which “in no way prejudices the essential content of the rights” of access service providers and at the same time, is appropriate for protecting copyright “insofar as network users are obliged to reveal their identity and cannot therefore act anonymously”.
The Italian Government has signed an agreement with the Chinese e-commerce giant in order to promote the excellence of Italian agricultural products and to fight against the phenomenon of counterfeit produce.
The agreement will enable Italian producers to satisfy the increasing demand for typical Italian products on the Chinese platform, which counts over 430 million consumers. The agreement aims at guaranteeing our Italian brands with a high level of protection against the counterfeit products market. This is also an important result in light of the fact that for decades the WTO has been searching for an adequate form of protection, which in this case has been achieved with a private company in the space of just a few months.
Since last year it has no longer been possible to find counterfeit Italian agricultural produce and foodstuffs on the Chinese website, which has prevented the monthly sale of 99 thousand tonnes of counterfeit Parmesan cheese, 10 times more than the production of the authentic cheese itself, and the sale of 13 million bottles of Prosecco which did not originate from the Veneto Region (in Italy). Italy is currently the only country on Alibaba, which has granted the same level of anti-counterfeit protection to DOP and IGP products as that provided for commercial brands. A level of protection which under this agreement is extended from the b2b platform, accessible solely to companies, to the b2c platform, consequently assuring that those 430 million Alibaba website users will be able to purchase genuine “Made in Italy” products.
The Ministry of Agriculture has set up an operational task force at the Anti-Fraud Inspectorate with the aim of identifying and reporting counterfeit products on a daily basis. The ads are removed within 3 days and the vendors are informed that they are violating Italian geographical indications and designations of origin.
We should point out that Italy has also invested in the promotion of Italian wine and food on the Chinese e-commerce platform. With this agreement Alibaba has undertaken to instruct both vendors and consumers on the importance of geographical indications and designations of origin in the food industry.
Hosting providers are not to be held liable for any offences committed by their users nor are they required to remove contents at the request of subjects who claim to be injured parties. The Court of Grosseto relieves Tripadvisor from all responsibility for negative reviews by members of its community.
In judgment no. 46 of 2016, the Court of Grosseto established that providers of services such as Tripadvisor are to be considered as hosting providers and for this reason are not to be held liable for offences committed by their users.
The case was brought by a hotel in the Argentario area, which pressed charges against the travel portal in 2013 for publishing a negative review that the hotelier considered to be false and defamatory. In the opinion of the plaintiff, Tripadvisor was jointly liable for defamation, as it did not prevent the publication of the review, remove the review promptly enough following its being notified and also as it failed to agree to communicate details of the reviewer.
By rejecting the hotelier’s application, the Court of Grosseto established that the platform acted in compliance with Italian legislation. According to the judge what is important when defining a hosting service is the role played in relation to published contents: in the case in question the portal does not interfere with the contents of reviews and therefore cannot be considered liable.
On the 2nd of May 2016 a draft law was submitted to the Chamber of Deputies of the Italian Parliament, which aims at “regulating digital platforms for the sharing of goods and services”, and at “promoting an economy based on mutual sharing”. The purpose is to regulate the so-called sharing economy through an across-the-board approach to different professional areas.
Italy would be the first country to regulate this booming economic sector, which includes such by now notorious services as Uber (now prohibited in Italy) and AirBnB.
The draft text is the result of eighteen months’ work carried out by the Parliamentary Intergroup for Technological Innovation. Article 1 lays down the law’s objectives, while Article 2 clarifies the definition of “sharing economy”, establishing that services for which providers determine a fixed charge are not to be included. Article 3 calls for sharing platforms to register with a national electronic register kept by the Italian Antitrust Authority. With the creation of an electronic register, platforms will have to obtain the approval of the Authority, whose task it will be to evaluate inconsistencies and possible infringements (or acts of unfair competition against the traditional sectors).
However, it is principally the fiscal aspect, which the draft law aims to regulate. The new regulation provides for 10% taxation on the revenue generated by platforms, up to a maximum of 10,000€ per year, which can also comprise sums for different services. The obligation for payment of the taxes would lie with the platforms themselves, which would be required to withhold the amounts due from the takings of registered customers, thus acting as withholding agents. On exceeding the threshold of 10,000€, the income made by platforms will be considered as actual earnings, to be added to those already made. New rules have also been provided for payments, which must henceforth only be carried out by digital means.
The signatories of the draft law expect this operation to raise tax revenue from 150 million € to 3 billion € by 2025.
The draft law has started its approval procedure at the Joint Parliamentary Commissions of Transport and Productive Activities.
On 21st April 2015, the IAP Governing Council unanimously agreed to appoint Professor Giusella Finocchiaro as a member of the Jury of the Institute for Advertising Self-Regulation for the two-year period 2015-2016.
The aim of the Institute for Advertising Self-Regulation is to provide a safeguard for honest, truthful and fair commercial communication. Through a binding agreement, the Institute requires members to include in their contracts a special clause of acceptance of the norms of the IAP Code and of self-disciplinary decisions. The code is addressed to companies that invest in communication, as well as agencies, consultants, media distributors and dealerships and involves a broad spectrum of the Italian sector of commercial communications.
The members of the Jury and the IAP Monitoring Committee are chosen from experts in a position to evaluate with absolute independence and impartiality in accordance with the special Code, in order to guarantee the impartiality of self-regulatory judgment.
The task of the Institute is to analyze reports of advertisement not considered to be compliant with the norms of the Code, determine bans on unfair advertising, provide operators with prior advice concerning advertising that that has not yet become public and to protect the creativity of future advertising campaigns.
In the field of commercial communication the IAP is an influential interlocutor of the Italian Antitrust Authority and its importance is recognized both at national and European level.
Following the recent outburst of protest on the Internet against the payment of TV license fees for company computers, RAI, Italy’s National Public Service Broadcaster has clarified that the request for payment did not refer to to the mere ownership of a personal computer connected to the Internet, nor to the ownership of tablets and smartphones.
According to reports, demands for payment sent out by the RAI Licence Fee Department only refer to the special license fee due in cases in which computers are used as televisions (digital signage), it being understood that the special fee is not to be paid in cases where companies, corporations and public bodies have already paid licence fees for the ownership of one or more televisions.
The RAI management stresses that the application of this tax in Italy is thus limited to “a much more specific use of computers than that applied for broadcasters by other European countries, which in their license fee requests have listed as equipment subject to the fee not only televisions, but all equipment which is capable of receiving or can be adapted to receive radio and television signals, such as computers connected to the Internet, tablets and smartphones.”