ItalyLegislative Decree 208/2021 (Consolidated Act on audiovisual media services), accessibility of audiovisual media services for persons with disabilities: action plans, emergency information, single contact point and fines
D.Lgs. 8 novembre 2021, n. 208, artt. 31 e 67(1)(q) e (2)(g)
In force since .
An accessibility requirements rule binding private bodies.
What it requires
- If you provide an audiovisual media service under Italian jurisdiction, develop at least every three years suitable action plans to make your services progressively more accessible to persons with disabilities, and report periodically to the Authority for Communications Guarantees on the measures taken (Article 31(2)).
- Provide audiovisual media services that carry emergency information, including public announcements in natural disasters, always in a way accessible to persons with disabilities (Article 31(4)).
- If the Authority notifies you of a breach of Article 31 or of its implementing rules, comply within the fixed period of its warning; if you do not, a fine of EUR 30,000 to EUR 600,000 applies (Articles 31(5) and 67(2)(g)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Article 67(2)(g) sets a fine of EUR 30,000 to EUR 600,000 for a violation of the rules in Article 67(1)(q), which include the rules on accessibility for users with disabilities in Article 31.
- Rule
- Fixed only
- As of
- Minimum
- 30,000
- Currency
- EUR
- Fixed cap
- 600,000
Who enforces it
Enforcement body
The Authority for Communications Guarantees (Autorità per le garanzie nelle comunicazioni), which under Article 31(5) warns the responsible provider after a notice of breach and, if the provider does not comply, applies Article 67
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- a media service provider (fornitore di servizi di media) responsible for the editorial choice of the content of an audiovisual media service, other than a network operator that only transmits programmes for which a third party holds editorial responsibility
What this law does
Article 3(1)(zz) defines the Authority in the decree as the Authority for Communications Guarantees. Article 31(1) has the Authority adopt suitable and proportionate measures to make the services of audiovisual media providers progressively more accessible to persons with disabilities. Article 31(2) requires the providers to develop suitable action plans at least every three years and to report periodically to the Authority on the measures taken.
Article 31(4) requires audiovisual media services that carry emergency information, including public announcements in natural disasters, always to be provided in a way accessible to persons with disabilities. Article 31(5) has the Authority, after a notice of breach, warn the responsible provider to comply within a fixed period. If the provider does not comply with the warning, Article 31(5) applies Article 67(1)(q) and (2)(g).
Article 31(6) sets up an online single contact point at the Authority to give information and receive complaints. Article 67(1)(q) lists the rules on accessibility for users with disabilities in Article 31 among the rules whose breach the Authority sanctions. Article 67(2)(g) sets a fine of EUR 30,000 to EUR 600,000 for a breach of the rules of paragraph 1(q).
When LexLint raises it
When your app profile says your app ships a consumer interface.
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