Italy: Implemented AGCOM Resolution 3/23/CONS on identification of reference criteria for determining fair compensation for the online use of journalistic publications

On 24 February 2023, the Italian Communications Regulatory Authority (AGCOM)’s Resolution on the identification of reference criteria for determining fair compensation for the online use of journalistic publications entered into force. The Resolution introduces a right to fair remuneration for the online use of journalistic publications by information society service providers. This Resolution requires negotiations between publishers and platforms to determine fair compensation, with AGCOM intervening to set the amount if an agreement is not reached within 30 days. The Resolution clarifies the criteria for fair compensation calculation, including factors such as the relevance of the publisher in the market and the number of online consultations of publications.