The Italian Commission of Economic Development Department of the Chamber of Deputies has recently approved an amendment (Fava amendment, from the name of the author) to the so called Community Law, the law implementing various EU Directives, relating to the Legislative Decree 70/2003 implementing the EU E-Commerce Directive. 

This amendment is aimed at clarifying the rules concerning the liability of ISP for activities carried out by the users. According to this proposal the ISP:

"(i) shall - in establishing the lawfulness of the activities of the user of its services - take into account all the relevant information, including those made available by the rightowners in relation to acts of infringement previously committed by the user;

(ii) shall remove illegal material uploaded by the user not only when ordered by the judicial authority but also under request of any interested party;

(iii) shall be considered liable when it facilitates the infringement of the rights, making available to users means to find and catalogue the infringing materials, or promoting the infringement in any manner which is not necessary for the service provided."

The proposal, which echoes some of the most recent Italian case law, will be voted in January and might have considerable consequences for ISPs.

If you want to discuss the above feel free to contact me, Roberto Valenti (roberto.valenti@dlapiper.com). 

Posted by Roberto Valenti on Thursday 22 Dec 2011
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