Two resolutions have been published and impose rules to user-generated video sites. Intended to discuss the rules of editorial responsibility, the obligation to rectify and sides protected the 2010 and culminating in a "gift" for unwelcome YouTube, DailyMotion and other popular sites hosting user-generated video.
Two resolutions have been published by the Italian Communications Authority (AGCOM) will equate to broadcasting services, with all the consequences. Italy is probably the first Western country to make this leap of interpretation, leading to unprecedented requirements for websites. Even the highly contested Romani decree had gone to the hypothesis for sites "ugc", ie made of user-generated content, tasks such as those found by Agcom.
READ THE RESOLUTIONS: 1 / 2 The two resolutions are those on web TV and web radio, approved last month. But only now have been published that you can read the first confirmation of a flap is not clear now: the new rules include some sites with video provided by users. Exactly as YouTube, Dailymotion, Vimeo and many others.
"If we read the resolutions, it is clear that also relate those sites," says Guido Scorza, attorney of law on internal. Ugc sites thus become "audiovisual media services" if two conditions are true together, "exploitation" of the video and "editorial responsibility, exercised in any way," by third parties that aggregation of content.
" The first condition is obvious: just a bit 'of advertising. But it is also clear that Agcom recognizes editorial responsibility to sites like YouTube, even if you do not mention them directly. "To confirm this, just read the parts of the resolution where Agcom explains why he wanted to introduce the notion of editorial responsibility for ugc sites," says Scorza.
"It is said that the aim is to ensure equal legal treatment to all those who use editorial content, regardless of the means used." In another part of the resolution specifies that the editorial responsibility rests on the last actor in the chain of video (not you but who then aggregates and organizes the content).
Confirmation also comes from the interpretive Stefano Mannoni, Agcom adviser: "Youtube is a hierarchy of their content," he says, "even if only with the algorithm and automatically, and this amounts to editorial control." After all, if not for YouTube, it is not clear to what other sites Agcom would take the trouble to introduce the notion of editorial responsibility associated with the UGC.
Concept that in fact there was no decree in Audiovisual Romani, hence the regulation Agcom. Yeah, when it relates to the UGC sites, Agcom has been most severe of the same (alleged) Romani decree, which explicitly excluded them instead. The consequences are many and far-reaching: Once a web site like YouTube is considered audiovisual service, will pay a small fee (500 €), but this is not.
The most serious problem, Scorza observes, is that "in the various lawsuits against YouTube, such as those brought by Mediaset for breach of copyright, it will reinforce the concept that the site has an editorial responsibility. After this decision, it will be difficult for the judge to decide otherwise.
" The sites also become subject to new rules, which will give them a hard time. Shall be made by weight, in fact, than those of traditional media and ill-adapted to the reality of the Internet. For example: "duty of correction within 48 hours of their request, they feel defamed by a video.
Prohibiting the publication of content unsuitable for children during the time periods covered, "says Scorza. In the coming days you'll discover how ugc sites intend to react to the new rules. Google (owner of YouTube) and DailyMotion (Group Telecom Italia) are currently analyzing the issue.
From Telecom added that they are talking in technical tables just opened by Agcom. The new resolutions but undoubtedly exclude web TV and web radio minors by the new rules. Do not apply it to those who bill less of 100 000 € from this specific activity (audiovisual) or have a weekly schedule of less than 24 hours of video.
Two resolutions have been published by the Italian Communications Authority (AGCOM) will equate to broadcasting services, with all the consequences. Italy is probably the first Western country to make this leap of interpretation, leading to unprecedented requirements for websites. Even the highly contested Romani decree had gone to the hypothesis for sites "ugc", ie made of user-generated content, tasks such as those found by Agcom.
READ THE RESOLUTIONS: 1 / 2 The two resolutions are those on web TV and web radio, approved last month. But only now have been published that you can read the first confirmation of a flap is not clear now: the new rules include some sites with video provided by users. Exactly as YouTube, Dailymotion, Vimeo and many others.
"If we read the resolutions, it is clear that also relate those sites," says Guido Scorza, attorney of law on internal. Ugc sites thus become "audiovisual media services" if two conditions are true together, "exploitation" of the video and "editorial responsibility, exercised in any way," by third parties that aggregation of content.
" The first condition is obvious: just a bit 'of advertising. But it is also clear that Agcom recognizes editorial responsibility to sites like YouTube, even if you do not mention them directly. "To confirm this, just read the parts of the resolution where Agcom explains why he wanted to introduce the notion of editorial responsibility for ugc sites," says Scorza.
"It is said that the aim is to ensure equal legal treatment to all those who use editorial content, regardless of the means used." In another part of the resolution specifies that the editorial responsibility rests on the last actor in the chain of video (not you but who then aggregates and organizes the content).
Confirmation also comes from the interpretive Stefano Mannoni, Agcom adviser: "Youtube is a hierarchy of their content," he says, "even if only with the algorithm and automatically, and this amounts to editorial control." After all, if not for YouTube, it is not clear to what other sites Agcom would take the trouble to introduce the notion of editorial responsibility associated with the UGC.
Concept that in fact there was no decree in Audiovisual Romani, hence the regulation Agcom. Yeah, when it relates to the UGC sites, Agcom has been most severe of the same (alleged) Romani decree, which explicitly excluded them instead. The consequences are many and far-reaching: Once a web site like YouTube is considered audiovisual service, will pay a small fee (500 €), but this is not.
The most serious problem, Scorza observes, is that "in the various lawsuits against YouTube, such as those brought by Mediaset for breach of copyright, it will reinforce the concept that the site has an editorial responsibility. After this decision, it will be difficult for the judge to decide otherwise.
" The sites also become subject to new rules, which will give them a hard time. Shall be made by weight, in fact, than those of traditional media and ill-adapted to the reality of the Internet. For example: "duty of correction within 48 hours of their request, they feel defamed by a video.
Prohibiting the publication of content unsuitable for children during the time periods covered, "says Scorza. In the coming days you'll discover how ugc sites intend to react to the new rules. Google (owner of YouTube) and DailyMotion (Group Telecom Italia) are currently analyzing the issue.
From Telecom added that they are talking in technical tables just opened by Agcom. The new resolutions but undoubtedly exclude web TV and web radio minors by the new rules. Do not apply it to those who bill less of 100 000 € from this specific activity (audiovisual) or have a weekly schedule of less than 24 hours of video.
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