NNSquad - Network Neutrality Squad
[ NNSquad ] Re: Italy to regulate YouTube as a "TV Station" -- including responsibility for user-uploaded content?
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The implementation of the AVMSD is at the
heart of this matter. Whether or not the Italian implementation is
compliant with the directive remains to be seen. The Commission will of
course open an infringement procedure against Italy if YouTube files a
complaint. See: Audiovisual Media Services Directive (AVMSD) http://ec.europa.eu/avpolicy/reg/avms/index_en.htm Infringements of EU law http://ec.europa.eu/eu_law/infringements/infringements_en.htm //Erik On 01/02/2011 02:13 PM, Stefano Quintarelli wrote: this is common understanding in these days of political turmoil in italy, with la Repubblica fiercely contrasting the present government, but it is wrong. the EU directive and the italian law which incorporates it state the "country of origin" principle so youtube is subject to the Irish authority, not the Italian. saying that youtube is a tv is like saying I'm socrates youtube is a media service (*) tv is a media service youtube is a tv I am a man Socrates is a man I am Socrates (*) a media service is defined by the national laws which incorporate the EU Audiovisual Media Services Directive. If Youtube is a media service in ireland neds to be determined based on irish laws. in italy a service which delivers on demand movies and tv series, with a catalogue, may be considered a "nonlinear" media service. I don't know for the irish rules. a traditional tv is a "linear" media service. eu obligations for linear and nonlinear are different. linear media services are required to have some limits on advertising, to not broadcast content during some parts of the day which may be harmful to children, etc. nonlinear and linear have some common requirements such as to broadcast/make available a quota of eu-produced movies. user generated sites and sites which share videos inside of communities of interest are explicitly excluded. they are not media services. happy 2011 to all, s. -- www.reeplay.it www.eximia.it Il giorno 01/gen/2011, alle ore 00.39, Lauren Weinstein <lauren@vortex.com> ha scritto:Italy to regulate YouTube as a "TV Station" -- including responsibility for user-uploaded content? http://bit.ly/gE5he3 (la Repubblica [via Google translate]) We end the year (unless something else noteworthy appears in the next few hours) with this remarkably nutty and dangerous idea. It's hard to imagine a more efficient way to kill user-generated content than with such impractical mandates -- which appears to be exactly what Italy has in mind. A handy way to control information for the furtherance of the government's will, indeed. - - - All the best for 2011 to you and yours! Take care, all. --Lauren-- Lauren Weinstein (lauren@vortex.com) http://www.vortex.com/lauren Tel: +1 (818) 225-2800 Co-Founder, PFIR (People For Internet Responsibility): http://www.pfir.org Founder, NNSquad (Network Neutrality Squad): http://www.nnsquad.org Founder, GCTIP (Global Coalition for Transparent Internet Performance): http://www.gctip.org Founder, PRIVACY Forum: http://www.vortex.com Member, ACM Committee on Computers and Public Policy Lauren's Blog: http://lauren.vortex.com Twitter: https://twitter.com/laurenweinstein Google Buzz: http://bit.ly/lauren-buzz |