Italian communications body outlines copyright changes
An independent communications authority in Italy has outlined new plans aimed at tackling online piracy.
The Electronic Communications Authority (AGCOM) has published draft proposals which would enable it to order ISPs to block websites that fail to remove copyright infringing content, without the need for a court order.
AGCOM has submitted plans to the European Commission, which is currently reviewing them.
“The adoption of the regulation is necessary in order to identify a complex set of measures aimed at supporting development of the dissemination of digital works in respect of copyright and related rights,” AGCOM said in its draft proposal.
It outlines three reasons for its intervention: promotion of the legal offer of digital works, education of users in how to correctly use protected works and the strengthening of instruments with which to protect copyright online.
Under the proposed rules, websites and ISPs would have a three day window to act on takedown notices. If they don’t respond appropriately, AGCOM will have the power to take action.
Laura Orlando, head of IP practice at the Italian offices of Simmons & Simmons LLP in Milan, said AGCOM had been trying to pass through proposals for the last few years.
“The main problem encountered was its [AGCOM’s] apparent lack of authority to rule in the area of copyright,” Orlando said.
“Despite this, the issue is yet to be resolved and this year the newly appointed commissioner of AGCOM decided to reopen the copyright dossier and issued the current proposal.”
As well being able to issue a take-down notice, a further element of the new regulation would give AGCOM the power to assess infringements.
Documents supporting alleged infringements can be submitted to AGCOM by the right-holder.
If AGCOM believes that the request is grounded, it would start a summary procedure to assess the infringement.
Orlando said doubts had been raised over the effective capability of AGCOM to manage huge quantities of complaints, but stressed the need to tackle piracy.
“My view is that these measures in themselves may be effective, if coupled with self-regulation, good industry practices, consumer information and education,” said Orlando.
“Extended piracy impoverishes legal offers of content, so Italy needs to soon embrace effective enforcement, whether by means of AGCOM or through an ordinary legislation process.”
In protest, a petition has been launched calling on the European Commission to reject the plans.
The petition, launched by a collection of lawyers, scholars and Internet providers, says AGCOM has decided to, “controversially” appoint itself “… to take on the powers to order the removal of any online content in case of presumed copyright violation.”
It then calls on Members of the European Parliament and Commission of European Union to do “everything possible to stop the adoption.”
The petition was launched at the end of September, but had attracted just 19 signatures at time of writing.
“They [critics] are worried that the proposal is worded in a way that enables the AGCOM to shut down any site, including those that are not in the piracy business and are focused on gathering and analysing the news, without granting a real right to defence,” Orlando said.
“AGCOM however has clarified that enforcement would be targeted solely at websites commercially devoted to piracy, thus excluding individual users and peer-to-peer activities from its scope.”
The new regulation is scheduled to be implemented early next year if passed by the European Commission.
