ItalyAGCOM Regulation (Delibera 3/23/CONS), Criteria and Procedure for the Equitable Compensation under LDA Article 43-bis
In force since .
A news media bargaining code rule binding private bodies.
- Enforcement body
- Autorità per le garanzie nelle comunicazioni (AGCOM)
- Instrument type
- a regulation made under an act
- Categories
- Publisher right
- Obligation class
- Licensing, Reporting
As of .
What it requires
- Applies to information-society service providers, including media-monitoring and press-review businesses, that use press publishers' journalistic publications online and aimed at the Italian public, except for private or non-commercial use by individual users, hyperlinks, and single words or very short extracts.
- Do not limit the visibility of publishers' content in search results while negotiating the compensation (Article 8(2)).
- On the request of the interested party or of AGCOM, make available within thirty days the data needed to apply the compensation criteria (Articles 5 and 7).
If you get it wrong
Penalty structure
Administrative fine for failing to supply, within thirty days of a request, the information needed to determine the compensation (Articles 5(5) and 7(5)); the base is turnover in the national market for providers other than media-monitoring businesses and turnover for media-monitoring businesses. The compensation itself carries no fine.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 1
What this law does
AGCOM regulation 3/23/CONS sets the criteria and the procedure for the equitable compensation that information-society service providers owe press publishers for the online use of journalistic publications under Article 43-bis of the copyright act. It applies to publications aimed at the Italian public, judged for example by the language used or the revenue earned in Italy.
It does not apply to private or non-commercial use by individual users, to hyperlinks, or to single words or very short extracts. For providers other than media-monitoring and press-review businesses, the compensation is calculated on the provider's advertising revenue from the online use of the publisher's publications, net of the publisher's revenue from the traffic redirected to its own site.
A rate of up to 70 percent applies to that base, set cumulatively on criteria that include online consultations of the publisher's articles, the publisher's market relevance, the journalists it employs, both parties' investment costs and the publisher's years of activity.
For media-monitoring and press-review businesses, the compensation is calculated on the relevant turnover from activities connected to media monitoring and press reviews, weighed against criteria that include the number of articles reproduced and the number of end users under written contract. On the request of the interested party or of AGCOM, a provider must make available the data needed to apply the criteria.
A provider that does not supply the information within thirty days of a request faces an administrative fine of up to 1 percent of its turnover in the national market. During negotiation, a provider must not limit the visibility of publishers' content in search results. If no agreement is reached within thirty days of a request to negotiate, either party may apply to AGCOM within the following sixty days.
AGCOM's governing body decides within sixty working days of receiving the application which of the parties' proposals conforms to the criteria, and sets the amount itself if neither does. The regulation enters into force on the thirtieth day after its publication on the AGCOM website. It was published on , so it took effect on .
When LexLint raises it
When your app profile says your app reuses other publishers' content.