- if the website is hosted in Italy, Italian ISPs will also be required to perform a “selective” removal of the challenged digital work, and – in the instance of a “massive” copyright breach – to disable access to the entire website, while
- if the website is hosted abroad, Italian ISPs will instead be requested to disable access to the whole site.
The above measures are meant to be very effective but should now be assessed in the light of the recent decision of the European Court of Justice which held that ISPs have to adopt measures necessary to disable access to infringing contents without affecting users’ freedom of information to lawfully access to the information. And the same concerns derive from the measures adopted following the seizure of 46 piracy websites that have now been unblocked as the filtering was blocking access also to lawful contents. Because of such issues the regulations have already been challenged, but pending future court developments if a defendant does not comply with take-down orders issued by AGCOM it may also be fined up to € 258,000 and therefore such regulations cannot be ignored.