Fieg with Agcom at the Council of State for the defense of publishers' right to fair compensation
The decision of the Lazio Regional Administrative Court which suspended the regulation at Meta's request was contested
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Fiega (Italian Federation of Newspaper Publishers) is alongside the Communications Authority, chaired by Giacomo Lasorella, against the suspension of the regulation on fair compensation for the online use of journalistic publications, decided by the TAR of Lazio on Meta request.
The editors of Fieg, in sharing what was written by Agcom commissioner Antonello Giacomelli, underline the importance of acting in all locations to protect the quality and sustainability of information, a guarantee of the principles of pluralism and freedom of expression of every society democratic.
The Agcom regulation on fair compensation, we read in a note, «explicitly explains the rationale of the legislation transposing the Copyright Directive, i.e. guaranteeing the effectiveness of the related right recognized by it to publishers for the online use of journalistic publications, thus reducing the value gap between the publishers who produce the contents and the platforms that reproduce them".
Italy, with a law defined by European observers as "benchmark of a balanced and effective reform, certainly the most advanced in the framework of European legal systems as regards the protection of the rights of newspaper publishers" (Enpa), was the first among the Member States to equip itself with a regulated negotiation mechanism aimed at the effective recognition of the related right.
The Agcom regulation - the result of discussions with associations and trade representatives in the sector - is fundamental for the successful outcome of negotiations between publishers and platforms, also because it identifies the reference criteria for determining the fair compensation due for online use line of editorial content and obliges the platforms to make available the data necessary for this purpose.
The suspension of the regulation imposed by the TAR effectively relieves the platforms of the obligations established by the legislation transposing the copyright directive and distances itself from the objective of adequately protecting the editorial product.
Fieg, therefore, «hopes that the Council of State will quickly recognize the reasons of the publishers and of the Communications Regulatory Authority, maintaining it in force, while waiting for the European Court of Justice to rule on the Italian legislation transposing the Copyright Directive , the rules introduced by the Agcom Regulation".
(Unioneonline)
