Italian Romani’s Decree and audiovisual content on the Web

Inserito da 4 Marzo, 2010

Si tratta di :English Articles


the first of March 2010 was  approved the Romani’s Decree , ie, as the Italian government announced, “a legislative decree transposing Directive 2007/65 on the operation of television broadcasting activities, whose objective is to create a modern framework, flexible Simple audiovisual content, including a new definition of audiovisual media services, released by the techniques of transmission.

But we get into detail: The Art. 4 of the measure (which has not yet been published in the Official Journal) provides the following definition of “audiovisual media service”:

“1) a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union, which is under the editorial responsibility of a media service provider and whose main objective is the provision of programs to inform, entertain or educate the general public by electronic communications networks.
For audiovisual media service you want to say or television broadcasting, as defined in point i) of this Article (the analogue and digital) and continuous transmission of live as live streaming (broadcast live on the Internet a video that is is recovering) and broadcast on the Internet such as webcasting and video on demand (the near video on demand), or a media service media services, as defined by the letter m) of this article. ”

So by reading the cited art. 4 are not referable to the definition of “audiovisual media service”:

– Services performed in primarily non-economic activities that are not in competition with television broadcasting, such as private websites and services consisting of the provision or distribution of audiovisual content generated by private users for sharing and exchange within communities of interest;
– Any form of private correspondence, including emails;
– Services whose main purpose is the provision of programs;
– Services where audiovisual content is merely incidental and not its principal purpose, as for example:

a) the websites that contain audiovisual elements only accessories such as animated graphical elements, short advertising spots or information related to a product or a service audiovisual

b) online games;

c) the search engines

d) electronic versions of newspapers and magazines;

e) services textual self;

f) games of chance involving a stake in cash, with the exception of broadcasts devoted to games of chance and luck, or

2) audiovisual commercial communication “.

Then continue to “media service provider”, as that provision is to be understood as “the natural or legal person who causes the editorial responsibility for the choice of the audiovisual content of the audiovisual media service and determines the mode of organization; are excluded from the definition of ‘media service provider’ natural persons or legal entities that deal solely with the transmission of programs for which the editorial responsibility lies with third parties.




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