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Italy

10

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Italy

As of June 7, 2021, Italy has not yet implemented the Directive, but the government has full powers to implement it by decree without further parliamentary deliberation and has already released a draft implementation decree.


Procedure:

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In April 2021 the Italian Senate adopted a delegation law authorizing the government to implement the directive without further parliamentary deliberation. The only opportunity that stakeholders received to participate in the implementation discussions was through a series of informal hearings in the Senate, before the adoption of the delegation law. The government did not organize any public consultation before starting to draft the law, and has not yet provided stakeholders with opportunities to provide feedback on the existing draft. 

Article 17:

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Nothing to see here yet

Other:

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Nothing to see here yet

Bonus:

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Nothing to see here yet

The Italian government has received full powers from the Senate to implement the Directive without further parliamentary deliberation. Based on what is contained in the draft law that the government has released, the Italian implementation is shaping up to be the worst one yet.

The government did not organize any public consultation before starting to draft the law, and has not yet provided stakeholders with opportunities to provide feedback on the existing draft. The draft fails to implement exceptions that are mandatory under the directive (the fallback exception for out of commerce works in Article 8(2) CDSM), it claims that users can rely on a non-existing parody exception and it also claims (in the text of the law itself) that automated content recognition systems (a.k.a upload filters) can “ascertain clear violations” of copyright (something that literally everyone agrees that they can’t).


Local partners: Our local partner have been Wikimedia Italia and Creative Commons Italy.


For more information please see our implementation tracking page for Italy.

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