AGCOM Launches A Public Consultation On Programmes, User-Generated Videos Or Audio-Visual Commercial Communications By Video-Sharing Platforms

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