Assoprovider, the association of independent providers, rejoices as it has fought against the regulation that harmed small telecommunications operators.

AGCOM cannot directly sanction sites and providers that violate copyright law because this power is entrusted to the judiciary. Furthermore, it cannot report to the judicial authority the behavior of those who do not comply with the laws. This is how the sixth Section of the Council of State expressed itself. The subject is theThe AGCOM Regulation on Copyright, highly contested regulation, which iswas challenged by Assoprovider, together with MDC, the Consumer Movement.  The Council accepted the reasons articulated by the defense of the two associations, represented by Fulvio Sarzana and Maria Sole Montagna, from the law firm in Rome, Sarzana e Associati: Dino Bortolotto, president of Assoprovider, rejoices: "This victory is another great milestone in the history of the association that has been defending the rights of small telecom operators since 1998 and facilitating access to the Internet for all citizens.".

The contested regulation and the Council's decision

The 2013 AGCOM Copyright Resolution allowed the Communications Authority to ask operators to block access to content that violates copyright and, at the same time, to apply sanctions to operators who refuse to do so. A controversial regulation, against which our association has fought from the beginning. The victory achieved yesterday on a historic day for the association: the Judges of Palazzo Spada annulled the regulation in the part where it provides for sanctions charged to those who do not comply with the Authority's orders. The thesis is that the power to sanction cannot be granted to an independent Administrative Authority like AGCOM, because "this activity is already reserved for the primary legislator," or to the Judiciary bodies. AGCOM, therefore, does not have sanctioning powers against providers or site owners, nor can it report to the judicial authority the behavior of those who do not comply.

A victory for all providers

Great satisfaction among the ranks of the two associations that fought against the regulation: «The Council of State has accepted two of the reasons for appeal against the AGCOM Regulation on copyright that Assoprovider, together with the Citizen Defense Movement, has submitted to the Council of State, siding with the providers, there is no regulation that provides for the possibility of financially sanctioning websites or internet service providers in the matter of copyright law on the web», declares Dino Bortolotto. While Francesco Luongo, President of the Movimento dei Consumatori, welcomes the Council's decision as “a victory for Internet freedom and for the citizens of the web.” ——————————————————————————– ISP, WISP, Webmaster "HELP US HELP YOU" join Assoprovider, for 20 years we have been the only solution to the "digital divide". For info: www.assoprovider.it segreteria@assoprovider.it