Annex : Comments issued by Italy
Communication from the Commission - TRIS/(2017) 01588
Directive (EU) 2015/1535
Notification: 2017/0127/D
Forwarding of the observations of a Member State (Italy) (article 5, paragraph 2, of Directive
(EU) 2015/1535). These observations do not have the effect of extending the standstill
period.
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MSG 104 IND 2017 0127 D EN 28-06-2017 26-06-2017 COM 5.2 28-06-2017
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Italy
3A.
MINISTERO DELLO SVILUPPO ECONOMICO - Direzione Generale per il
mercato, la concorrenza, il consumatore, la vigilanza e la normativa tecnica - Divisione XIII -
Normativa tecnica
3B.
MINISTERO
DELL'INTERNO
-
DIPARTIMENTO
DELLA
PUBBLICA
SICUREZZA -Diresione centrale per la polizia stradale, ferroviaria, delle comunicazioni e
per i reparti speciali della polizia di Stato - Servizio Polizia postale e delle comunicazioni -
ROMA - AUTORITA' PER LE GARANZIE NELLE COMUNICAZIONI - Direzione
Contenuti Audiovisivi
4.
2017/0127/D - SERV60
5.
article 5, paragraph 2, of Directive (EU) 2015/1535
6.
In relation to Notification 2017/0127/D on the draft ‘Act improving law enforcement
on social networks [Netzdurchführungsgesetz – NetzDG]’, the Italian Postal and
Communications Police and the Italian Communications Authority submitted the following
comments.
Overall the proposed legislation is acceptable, provided the rules of the Budapest Convention
on Cybercrime are reiterated in the preamble, requiring evidence to be sent to law
enforcement agencies and judicial authorities to be preserved when illegal contents are
deleted.
The draft notified by Germany under Directive (EU) 2015/1535, introducing legal
requirements for social networks is welcomed by the competent offices of the Italian
Communications Authority.
The rationale of the Act is to encourage social networks (the definition of which remains
unexplored by European lawmakers thus far) to process complaints concerning hate crimes
and other content-related criminal offences faster and more effectively in order to ensure
illegal content is removed promptly. Moreover, Italian lawmakers also recently started to
explore the possibility of introducing public enforcement tools, for instance in relation to fake
news.
Against this background, the German draft legislation is deemed especially interesting, also
in light of the fact that it is the first attempt of its kind in Europe. We agree that relying on
spontaneous, voluntary action by stakeholders would be insufficient.
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Annex : Comments issued by Italy
Also of undoubted value is the attempt to provide a first legal definition of ‘social networks’,
as ‘telemedia service providers which, for profit-making purposes, operate internet platforms
that enable users to exchange and share any content with other users or to make such content
available to the public (social networks)’. In this respect, we agree with the choice to limit
the subjective scope of application only to social networks in a position to influence public
opinion, by introducing a minimum threshold of active users and by excluding journalistic
platforms from the definition above.
However, we believe German lawmakers could provide a clearer definition which highlights,
among the identifying features of social networks, the fact that said social interaction and
sharing services are provided free of charge, thereby setting them apart from Information
Society services, which do instead require payment of a fee (cf. Article 1.1(b) of Directive
(EU) 2015/1535). From this point of view, the current scope of application is deemed too
general in certain areas, even though the punishable offences help understand the potential
targets of deletion orders and the related administrative measures.
In terms of the sanctions, the fine of up to 5 million euros is considered a suitable deterrent
from breaching the obligations imposed.
In conclusion, the proposed measures are not deemed to create obstacles to the free
movement of goods and the free provision of Information Society services. In fact, they
introduce a specific obligation applicable to a target group which is currently exempt from
specific liabilities under Directive 2000/31/EC.
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European Commission
Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: xxxxxxxxxxxxxxxxxxxxxxxxx@xx.xxxxxx.xx
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