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A leaked document suggests that Italy  is considering  French-style 3-strikes measures, but they could be more wide-ranging. It also appears that the Italian government is backtracking on a proposal to consult users and consumer organisations.

 

Last October, the Italian government announced its intention to form a committee to review options for dealing with Internet copyright infringements. At the time, the Minister of Culture, Sandro Bondi, indicated interest in persuing a French-style 3-strikes proposal, but said that all interests, including consumers and users, would be included in a consultation process. Since then, the situation appears to have changed. I have pieced this story together from various media reports and from  contacts in Italy.

 

It seems that in December, three members of the new committee  -  Comitato tecnico  contro la pirateria digitale e multimediale - were announced. One was from the SIAE, which is the Italian collecting society

representing composers and song writers (the equivalent to SACEM in France, SABAM in Belgium, PRS in the UK, Buma-Stemra in Holland). The other two were from the government. User and consumer bodies complained about not being represented, and were told they would get a hearing. On the 14thJanuary the committee announced it was ready to start work and would produce its report within 60 days. According to sources in Italy, no date for a public heading had been set.

 

Then came a series of media leaks. On 20 January,  an article appeared in an American publication - The Hollywood Reporter - suggesting a secret deal between the Italian and French governments to bring in an Italian version of the French Creation and Internet law. This is the law which will implement 3-strikes /graduated response measures in France, where Internet users who are alleged to have downloaded material illegally will get warnings, and face the ultimate penalty of being cut off the Internet.  The article said an agreement had been  signed by the Minister, Sandro Bondi.

 

On 23 January, Altro Consumo , the Italian consumers association, reported that it had got hold of a written document which sets out measures to deal with online copyright infringements - measures that are even harsher than the French. Allegedly prepared by the SIAE, the document is reported to contain proposals to set up a new public  authority - modelled on the French Hadopi, but with wider powers. It  would oversee public order, morality and the protection of minors. The proposal also wants to impose liability for content onto ISPs, network operators and user generated content  companies.

 

Two days later, the Italian newspaper La Repubblica said it had seen the document. It said it had verified that the SIAE had drawn up the document, by checking the file's properties. It accused the government of setting up a censorship regime with serious consequences for freedom of expression in Italy. Altroconsumo said it was a protectionist measure for the Italian media industries, but would not benefit the consumer.

 

Following the La Repubblica report, the government has set up an online discussion forum . Some sources fear that this will be the only form of  public consultation.

 

AltroConsumo has set up a petition .

 

Original reporting by iptegrity.com!

Iptegrity in brief

 

Iptegrity.com is the website of Dr Monica Horten. I’ve been analysing analysing digital policy since 2008. Way back then, I identified how issues around rights can influence Internet policy, and that has been a thread throughout all of my research. I hold a PhD in EU Communications Policy from the University of Westminster (2010), and a Post-graduate diploma in marketing.   I’ve served as an independent expert on the Council of Europe  Committee on Internet Freedoms, and was involved in a capacity building project in Moldova, Georgia, and Ukraine. I am currently (from June 2022)  Policy Manager - Freedom of Expression, with the Open Rights Group. For more, see About Iptegrity

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Copyright Enforcement Enigma launch, March 2012

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