Regulatory paradox in Italy on the web: AgCom, the Communications Authority, is focusing its attention on YouTube, YouReporter, Dailymotion, and similar sites. The result: user-generated video-sharing portals are effectively equated to traditional TV.
In enacting new regulations, AgCom has placed traditional TV and user-generated video-sharing sites on the same level. Specifically, according to AgCom, portals like YouTube and YouReporter are to be considered akin to audiovisual media services because they generate economic revenue with an annual turnover exceeding 100,000 euros.
This economic threshold thus equates a television broadcaster with full artistic and editorial direction to sites whose content is generated by users who, despite having to follow regulations, are certainly not subject to the same rules as a TV channel.
The Romani Decree itself, although contested and predating these regulations, had resolved the issue by excluding YouTube from the obligations that TV stations must adhere to. AgCom, however, is now completely reversing the situation, establishing new rules for web TV and web radio.
Upon careful examination of the resolutions in question, YouTube would find itself – despite its different nature – included due to its collection of advertising revenue, exceeding 100,000 euros annually. Therefore, according to these resolutions, YouTube (as well as YouReporter, Vimeo, or Dailymotion) will primarily need to consider the regulations on editorial responsibility. Furthermore, there will be a fee of 500 euros to pay, an obligation to issue rectifications within 48 hours of a request from interested parties, and – believe it or not – they will need to find a system to implement a ban on publishing content unsuitable for children during protected time slots. In practice, exactly as occurs in television programming.
It is evident that a rather clear rift has opened between AgCom’s decision and the nature of the service offered by YouTube and similar platforms.
Official statements are awaited from Google (owner of YouTube) and all parties involved in the new AgCom regulations.
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