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Copyright Giulio Coraggio 2018

 

The court of Varese (Italy) held that a blogger was liable of the defamation crime because of the comments published by some of her users on a forum available on her blog since as administrator of the blog she had the "availability" of the website which triggered a liability for both the contents published by her and by third parties.This decision will lead to several discussions as you may remember that the Italian Court of Cassation (i.e. our Supreme Court) had taken a completely different view in the past. And it is interesting that the court held the defendant liable regardless of whether or not the contents published on the site had been filtered (i.e. had to be pre-apporoved by...

The Italian betting exchange regulations have been just published on the Official Gazette and will soon come into force. But the question is what will be the effect of betting exchange games in the Italian market? Betting exchange regulations provide a platform certification and approval process along the lines of what already prescribed for casino and card games. Also, the maximum winning will be € 10,000 and operators will be able to offer both events and types of odds included in AAMS official schedule and those customized events and types of odds submitted by them whose offering will soon be possible for fixed odd sportsbetting games. However, as occurred with the coming into force of bets on virtual events, the favourable tax...

The Italian Advertising Self-Regulatory Court deemed the TV ad of a major remote gaming licensed casino operator in breach of the recently introduced provisions of the Advertising Self-Regulatory Code on gambling advertising.The TV ad concerned the recently launched online slots showing a player gambling during the night with his PC and all of sudden gaining a major winning followed by a rain of golden coins.  The Monitoring Committee first and the Court of the Institute of Advertising Self-Regulation then held that the ad was in breach of the provisions against gambling advertising of the Advertising Code since it was creating expectations of easy winnings pushing players to underestimate the gambling addiction risks. Also, according to the court, the fact that the ad...

The Italian Supreme Court convicted for the crime of identity theft a person that had created on an erotic chat a nickname with the initials of her former employer also providing her mobile number. The defendant had argued that the crime did not arise because she had not pretended to be the claimant. Indeed, in the past the court had held that an identity theft occurs only when a person creates an email account with the personal details of another person misleading third parties on his identity. However, in this last decision the court also held that the creation of the nickname referring to another person triggered the crime of identity theft since the crime arises "also when it is given to...

Ryanair has been sanctioned to the payment of an € 400K fine as their advertised flight fares were not inclusive of an additional cost for the usage of credit cards whose charging has been in any case deemed in breach of applicable regulations.The Italian competition authority which has jurisdiction also on misleading advertising and unfair commercial practices had held in 2011 that, among others, the conduct undertaken by Ryanair in charging an "additional admin fee" for payments via credit card was in breach of Italian law provisions which prohibits advertising practices concerning flight fares referring to prices net of expenses, taxes and additional costs that are not clearly mentioned in the offer.Subsequently, in 2012 the authority held that Ryanair had...

The Italian Data Protection Authority (DPA) after a long consultation has finally published its decision on the measures to be taken in case of data breaches by telecom and Internet operators implementing the Directive 2009/136/CE.Telephone and internet service providers shall notify the DPA of any breach of personal data stored in electronic databases or manual archives within 24 hours from the discovery of the event providing details on the breach such as types of data involved, processing systems affected, place where the breach took place. However, in the most relevant cases, it will be necessary to inform also the individuals affected by the data breach within 3 days providing details on the type of damages that can arise from the...

Ts&Cs of e-books platforms excluding warranties for the e-books sold or for the download of movies have been deemed in breach of regulations on unfair terms in consumer contracts and therefore not valid. As previously mentioned, the Italian competition authority has also jurisdiction on the qualification as "unfair" (and therefore null and void) of clauses in Business to Consumer (B2C) agreements and in this circumstance held that the provisions of Ts&Cs of an e-book platform excluding any liability and warranty by the platform provider in relation to the sale of e-books to sold "as it is" and for which liability could arise only in the cases of gross negligence and wilful misconduct were unfair. Indeed, the provisions limiting the possibility of...

AAMS has published the new protocol of communication that will regulate the offering of bingo games under the new regulations which will shortly come into force, but more interestingly AAMS published some FAQs on the future of Italian bingo regulations. As expected, the general impression is that AAMS is still willing to keep bingo as a very soft game and indeed, apparently it will not be possible for offer pre-seeded jackpots. Also, still to be decided is whether it will be possible to have aggregated jackpots between different halls.  However, it will be possible to have guaranteed prizes to be offered regardless of players' contributions and apparently there will not be major restrictions on bingo variations.  Indeed, this will be the major...