AGCOM’s new powers to tackle illegal online streaming will be welcomed by industry, with the problem currently costing them €290m (£250m) annually
Increased fines for end users and distributors: On 26 July 2023, the council of AGCOM unanimously approved amendments to the country’s online copyright regulation, which seek to tackle piracy and the illegal dissemination of copyrighted content through electronic communications networks. In a press release, AGCOM announced that new provisions within the legal framework give it the ability to issue ‘dynamic injunctions’, which stem from the principles outlined in EC’s May 2023 Recommendation on combating online piracy of sports and other live events. To that end, AGCOM’s new powers enable it to address online piracy with respect to all live broadcasted events, not just sporting ones. End users who watch illegal streams could face fines up to €5,000 (£4,313), while individuals who distribute them now face up to three years in prison and a fine of up to €15,000 (£12,939). The updated regulation came into effect on 8 August.
Illegal streams to be taken down within 30 minutes of discovery: The regulation makes it possible for AGCOM to disable access to pirated content in the first 30 minutes of the transmission of the event by blocking the Domain Name System (DNS) resolution of domain names and the routing of network traffic to IP addresses intended solely for illegal activities. AGCOM and the National Cybersecurity Agency (ACN) will soon bring together ISPs, content rights holders, audiovisual media service providers and industry associations responsible for copyright protection. The aim of the collaboration is to define the technical and operational requirements of the tools needed to help disable domain names and IP addresses.
Italy considered a leader in the fight against pirated broadcasting: Changes to Italy’s copyright regulation position the country as a leader in Europe in the fight against online piracy. The new rules come at an important stage in negotiations for the allocation of television rights to the Serie A (Italy’s highest tier of professional football) and will have been welcome news for industry. Both broadcasters and Serie A clubs had urged the Government to tighten the rules, claiming that the pirated streams pose risks for their business model. Steaming service DAZN – the main Serie A rights holder – has estimated that illegal access to live sports events cost the industry around €290m (£250m) each year.
