Publishes adult content, in Italy

D.Lgs. 208/2021, Art. 42, Video-Sharing Platform Protection Measures · Read the law's page

• Applies to video-sharing platform providers subject to Italian jurisdiction, and, so far as compatible, to platforms for audio-only content or user-generated audio (Article 42(1) and (11)).
• Take appropriate measures to protect minors from programmes, user-generated videos and audiovisual commercial communications that may impair their physical, mental or moral development (Article 42(1)(a)).
• Set up systems to verify the age of platform users, in compliance with personal data protection law, for content that may harm the physical, mental or moral development of minors (Article 42(7)(f)).
• Have parental control systems under the supervision of the end user for that content (Article 42(7)(h)).
• Subject the most harmful content to the strictest access-control measures (Article 42(6)).
• Do not process the personal data of minors collected or generated for age verification or parental control for commercial purposes (Article 42(8)).

AGCOM Delibera n. 96/25/CONS (8 April 2025), published in Gazzetta Ufficiale 12 May 2025 · Read the law's page

• Applies to website managers and video-sharing platform providers distributing pornographic content to users in Italy.
• Verify that users are adults before granting access to pornographic content, using a dual anonymity model with independent certified third-party verifiers, so that neither the verifier nor the site learns both the user's identity and the service accessed.
• The compliance deadline was 12 November 2025 for providers established in Italy, and AGCOM's published guidance gives the same date for providers established outside the European Union.
• A provider established in another Member State is not bound until AGCOM has followed the procedure of Article 3(4)(b) of Directive 2000/31/EC, as TAR Lazio held in judgments published on 7 April 2026.

D.L. 123/2023, Art. 13-bis, conv. con modificazioni dalla L. 159/2023 · Read the law's page

• Applies to website operators and video-sharing platform providers that distribute pornographic images or videos in Italy.
• A provider established in another Member State is not bound until AGCOM has followed the procedure of Article 3(4)(b) of Directive 2000/31/EC, as TAR Lazio held in judgments published on 7 April 2026.
• Verify that users are adults before granting access to pornographic content.
• Follow the technical and process rules AGCOM (the communications regulator) sets for how that age verification is done.

Schema di decreto legislativo recante attuazione della direttiva (UE) 2024/2853, Atto del Governo n. 434 · Read the law's page

• The draft treats software as a product, except free and open-source software that you develop or supply outside a commercial activity (Art. 115(2)(d) as proposed).
• If you develop, produce or make a product, software included, or have it designed or made, or present yourself as its manufacturer by putting your name, trade mark or another distinguishing feature on it, you answer as its manufacturer for the damage a defect in it causes (Arts. 115(3)(i) and 116(1)(a) as proposed).
• Keep supplying the software updates and upgrades needed to maintain safety while the product is under your control: a defect due to software, a related service or a missing safety update is not excused because it arose after you placed the product on the market (Art. 118(2) as proposed).
• Meet the product safety requirements that apply to your product, cybersecurity requirements relevant to safety included: they count in deciding whether it is defective (Art. 117(2)(f) as proposed), and failing a mandatory safety requirement meant to protect against the damage suffered presumes it defective (Art. 120(2)(b) as proposed).
• Account for what your product learns or acquires after release: the effect of its ability to keep learning or to acquire new functions is weighed in deciding whether it is defective (Art. 117(2)(c) as proposed).
• Be ready to produce the relevant evidence you hold when a court orders it on a plausible claim: failing to do so presumes the product defective (Arts. 119(1) and 120(2)(a) as proposed).
• If you manufacture outside the Union, the importer, your authorized representative or, failing both, the logistics service provider answers for the product alongside you (Art. 116(1)(c) as proposed).
• If you substantially modify a product outside its original manufacturer's control and then make it available on the market or put it into service, you are treated as its manufacturer (Art. 116(2) as proposed).
• If you distribute a product, or provide an online platform that lets consumers conclude distance contracts with traders, identify the economic operator or your own supplier within one month of the injured person's written request, or you answer for the defective product (Art. 116(3) to (5) as proposed).
• Be able to show that you did not place the product on the market or put it into service, or that it is probable the defect did not exist then (Art. 118(1)(a) and (c) as proposed).