Italy: Issued AGCOM ruling in investigation into Meta regarding alleged violation of copyright following a complaint from Consumer Advisory Services

On 30 April 2024, the Italian Communications Authority (AGCOM) issued a ruling in the investigation initiated following a complaint submitted by the Consumer Advisory Service against Meta regarding an alleged violation of copyright. Specifically, the complaint challenged Meta's decision to close the user profile named "Rimborsami.it" on the Instagram and Facebook platforms. The complaint argued that these profiles contained several copyrighted works, and Meta's deactivation of the account constituted a violation of copyright. The AGCOM determined that the complaint does not fall within the scope of the regulations protecting copyright because Meta's decision to deactivate the account stemmed from allegations of infringement on a third party's trademark. However, AGCOM stated that under Articles 17 and 20 of the Digital Service Act (DSA), the provider is obligated to provide clear and specific reasoning for the suspension and closure of an account and must have an easily accessible and usable complaint mechanism. The AGCOM determined that Meta violated these provisions. Consequently, pursuant to Article 58 of the DSA, AGCOM reported Meta's conduct to the Coordinator for Digital Services of the country where Meta is established for evaluation and adoption of necessary investigative and enforcement measures to ensure compliance with the Regulation. Additionally, the AGCOM notified the European Commission of all relevant follow-ups within its competence.