Italy: Implemented Resolution No. 298/23/CONS on Content Moderation for User Generated Video Platforms

On 22 December 2023, the regulation to combat harmful content on video-sharing platforms (VSPs) (Resolution no. 298/23/CONS) adopted by the Italian Communications Guarantee Authority (AGCOM) entered into force. The regulation targets platforms offering services to Italian audiences that are operated by providers established in other European Union member states. The regulation, transposing Article 41, Paragraph 9, of Legislative Decree No. 208, aims to protect viewers from harmful content. The Regulation defines the scope of supervision for AGCOM, including providers of user-generated videos that are predominantly in Italian, use Italian text, or reach a significant number of monthly unique users on Italian territory. The regulation aims at protecting minors in their physical, mental, and moral development and fighting hatred based on race, sex, religion, or ethnicity. The regulation also states that any person can report audiovisual media that is not in line with the provisions in this order. However, AGCOM can also become active in prosecuting a breach of the regulation provisions without prior report on its own initiative.