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The Italian Supreme Court held yesterday that blogs cannot be qualified as newspapers and consequently shall not be subject to the relative registration and liability obligations.
This decision terminates a never-ending saga that saw the Court of First Instance and the Court of Appeal holding that blogs have to be enrolled in the Court registry as requested by Italian press law in relation to all press material and issued a fine of € 150 against the blogger that was the defendant in the dispute.
Indeed the previous decision had been highly criticised because risked to extend to bloggers the strict liability regime provided by Italian law for editors of newspapers whose compliance with the liability exemptions provided by the E-Commerce Directive has been subject of relevant debates.
The decision of yesterday might be deemed a milestone in the Italian jurisprudence and is the second good news for Internet service providers in a quite short term after the decision to the benefit of Google on their suggest search service. Indeed, it appears that a new approach is being adopted in the Italian case law which might make Italy a more attractive country for Internet operators.
Do you want to discuss the above? Feel free to contact me, Giulio Coraggio.
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