ItalyDecreto legislativo 8 novembre 2021, n. 208 (Testo unico dei servizi di media audiovisivi, Audiovisual Media Services Consolidated Act), Art. 42, Video-Sharing Platform Protection Measures
D.Lgs. 208/2021, Art. 42, Video-Sharing Platform Protection Measures
In force since .
An adult content age verification (AV) rule binding private bodies.
- Enforcement body
- AGCOM (Autorita per le Garanzie nelle Comunicazioni)
As of .
What it requires
- 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)).
If you get it wrong
Penalty structure
Article 67(9): an administrative fine of 30,000 to 600,000 euros, or up to one percent of annual turnover in the last closed financial year where that percentage exceeds 600,000 euros.
- Rule
- Higher of
- As of
- Minimum
- 30,000
- Currency
- EUR
- Fixed cap
- 600,000
- Turnover percentage cap
- 1
What it reaches
Covered services
Video-sharing platform providers subject to Italian jurisdiction, and platforms for audio-only or user-generated audio content so far as compatible
Obligation class
Age verification, Access restriction
What this law does
Article 42(1) requires a video-sharing platform provider subject to Italian jurisdiction to take appropriate measures to protect minors from programmes, user-generated videos and audiovisual commercial communications that may impair their physical, mental or moral development. Under paragraph 7(f), the provider must 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.
Under paragraph 7(h), the provider must have parental control systems under the supervision of the end user for that content. Under paragraph 6, the most harmful content is subject to the strictest access-control measures. Under paragraph 8, personal data of minors collected or generated for the age verification and parental control systems is not processed for commercial purposes.
Paragraph 11 applies the article, so far as compatible, to platforms for audio-only content or user-generated audio. In the Act, the Authority means the Autorità per le garanzie nelle comunicazioni (AGCOM). Under paragraph 10, a violation of the article by the provider attracts the administrative sanctions of Article 67(9). Article 67(9) provides an administrative fine of 30,000 to 600,000 euros, or up to one percent of annual turnover where that percentage exceeds 600,000 euros. A later corrective legislative decree replaced Article 42 as a whole.
When LexLint raises it
When your app profile says your app publishes adult content or operates a social platform.