Beginning August, users of illicit IPTV services in Italy can expect a €5,000 fine.
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The country’s telecommunications regulator, AGCOM, has officially endorsed the new anti-piracy law, positioning Italy as a pioneer in the European fight against online piracy and IPTV.
The law, set to become effective on August 8, permits nationwide blocking of internet service providers during live events, and grants the state authority to impose fines of up to €5,000 on individuals utilizing pirated streams.
The law was unanimously passed in March and earlier this month by the Chamber of Deputies and the Senate, respectively.
AGCOM, the telecommunications regulator, has unanimously supported the law, reaffirming Italy’s position in the European scene against online piracy through a statement in Resolution 189/23/CONS.
The new measures empower AGCOM to enforce “dynamic injunctions” on all online service providers.
These powers, typically held by the highest courts in Europe, aim to expedite blocking measures against unlicensed IPTV services, making them inaccessible in Italy.
AGCOM has clarified that with these measures, access to pirated content can be disabled within 30 minutes of the event broadcast through blocking DNS resolution of domain names and routing of network traffic to IP addresses exclusively intended for illicit activities.
As stated in LEGGE 14 luglio 2023, n. 93, AGCOM will have the authority to interrupt the illegal broadcast of any live events, whether sports-related or not, starting from August 8.
AGCOM Commissioner Massimiliano Capitanio affirmed that AGCOM reaffirms its leading position in the European scene against online piracy activity with these amendments, following the changes brought about by Parliament.
However, nationwide dynamic blocking measures are not the only changes awaiting Italy.
Those who challenge AGCOM’s newfound powers will face penalties. When AGCOM issues blocking orders to service providers, their details will be transferred to the Public Prosecutor’s Office at the Court of Rome.
Service providers must promptly submit a report to the Public Prosecutor’s Office following AGCOM’s orders.
This report must include a comprehensive list of “all activities undertaken in compliance with the aforementioned measures” and “any data or information in their possession that could help identify the providers of the content disseminated abusively.”
Thus, ISPs must not only block pirates but also gather intelligence during the process.
Failure to comply with AGCOM’s directives will result in a penalty under LEGGE 31 luglio 1997, n. 249 (Law 249 of July 31, 1997); an administrative fine ranging from 20 million lira to 500 million lira, or in contemporary currency – €10,620 to €265,000.
Those involved in supplying/distributing infringing streams may face a potential sentence of up to three years in prison and a fine of up to €15,000.
This penalty is only €5,000 more than the minimum punishment intermediaries face if they disregard blocking instructions.
Interestingly, it is still €250,000 less than the maximum fine that a service provider could receive if they fail to block piracy performed by actual pirates.
In contrast to the United States, where watching pirated streams may not be illegal, the Court of Justice of the European Union affirmed in 2017 that consuming illicit streams within the EU is illegal.
In an effort to deter piracy, Italy has implemented a new measure starting from August 8, 2023, that can fine individuals who consume pirated streams up to €5,000.
According to IPSOS research conducted in Italy over the past few years, about 25% of the adult population accesses pirate IPTV streams to some extent annually.
Considering Italy’s population of around 59 million, even with aggressive rounding, there are still potentially millions of pirates.
How evidence of this offense is obtained and attributed to an individual is unclear.
Possibly, the main targets will be individuals who purchase IPTV packages.
Nonetheless, the ultimate goal is to discourage involvement with illegal streams, regardless of their origin or endpoint.
You can read the entire bill from the Senato della Repubblica or view the original story on TorrentFreak.
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