The regulation implementing Legislative Decree No 70 of 2003, which transposed in Italy Directive 2000/31/EC on electronic commerce, does not contain any ‘implementing procedure’, as must be established by the Italian Communications Regulatory Authority (AGCOM).
On 25 July 2013, AGCOMopened to public consultation the draft regulation on the protection of copyright on electronic communications networks and procedures for the implementation thereof pursuant to Legislative Decree No 70(1) of 9 April 2003. Annex B of the regulation sets out the powers that the Italian authority intends to grant itself in order to prosecute online copyright infringement.
The Commission was notified of the draft AGCOMregulation and, in its formal reply pursuant to Article 8(2) of Directive 98/34/EC of 22 June 1998, roundly condemned the measure and was highly critical of the text of the resolution, which has recently been resubmitted with even tighter restrictions on the rights and fundamental freedoms guaranteed by the EU.
1. Does the Commission think that the freedom of expression and information, guaranteed by Article 11 of the Charter of Fundamental Rights of the European Union, are threatened by this measure?
2. What does it plan to do in response, in view of the fact that the AGCOMregulation in question was notified by the Italian authorities on 2 September 2013 (Notification No: 2013/496/I) and what comments does it intend to make pursuant to Article 8(2) of Directive 98/34/EC?
3. As guardian of the Charter of Fundamental Rights, will it take action against the Italian authorities to prevent the spread of the effects of this administrative measure, which could put due respect for freedom of expression, as guaranteed by international human rights instruments and in particular by Articles 6 and 7 of the Treaty on European Union and the Charter of Fundamental Rights, at risk within the European Union?