Hungarian Government statement

In Italy, participants of the media market not complying with their obligations on documentation and on the provision of documents and data may be subjected to a fine by AGCOM (a tell-tale sign on the lack of updating is that fee amounts are still specified in Lira). Throughout its proceedings, the authority is entitled to request the submission of confidential business documents as well. Furthermore, under the prevailing legislation enacted in 2004, should said participants be found in breach of their obligations to inform, AGCOM may impose a fine to the tune of up to EUR 25,000. Those providing false information may be sanctioned with a fine up to EUR 50,000 (up to HUF 14 million).53

country experts

Marco Bellezza (PhD) is an expert in European media law, internet law and intellectual property law. He graduated cum laude at the Faculty of Law of University of Bari 'Aldo Moro' in 2005, and holds a PhD in private law from the University of Bari. In addition to his academic work, he has been a practicing attorney in media and communications law at a national law firm in Italy since 2009. He is member of the editorial board of the journal medialaws.eu and president of the Apulian Centre for Intellectual Property, a research center associated with the University of Bari. He recently completed a study on the implementation of EU Audiovisual Media Services Directive at the Institute of European and Comparative Law at the University of Oxford.

Oreste Pollicino (PhD) is an associate professor of comparative public law in the Department of Law at Bocconi University in Milan. His research areas include European and comparative constitutional Law, media law, and Internet law. He is the editor of International Journal of Communications Law and Policy, and a member of the editorial board of Diritto Pubblico comparato ed europeo, Panoctica, Revista Eletrônica Acadêmica de Direito, and medialaws.eu.

ITALY

Expert assessments: Data disclosure

This statement regarding registration and data-disclosure regulations in Italy is not entirely accurate—although the regulations regarding data disclosure are in fact quite strict in Italy. The Communications Regulatory Authority (AGCOM) monitors the Registry of Communication Operators (Roc) to ensure transparency of ownership structures in order to enforce the application of antitrust laws.54 It is true that media operators must register with AGCOM and provide annual reports, however AGCOM generally does not seek confidential business documents as part of the registration process. The information that operators must provide mainly concerns ownership structure and the characteristics of their activity, and not “business secrets” as cited above. AGCOM can, however, request confidential corporate documents in the course of an investigation into whether an operator is in compliance with anti-trust laws, in which case AGCOM members must comply with procedural safeguards for handling this information.55

In addition, the reference to “the prevailing legislation enacted in 2004” does not appear correct, as the regulations related to data disclosure and registration were enacted in 1997 and then revised in 2008.56 Under the current rules, failure to register or to disclose the requested information or for providing false information can be sanctioned with fines that can reach EUR 250,000, and in the most serious cases, could warrant the suspension of the activity for a maximum period of six months.57

Although registration with Roc is required for all above media in order to initiate activities in the communication market, different information is required from different types of media. Publishers of print or online newspapers, for instance, are simply required to sign up on the Roc and to provide a name of a responsible editor. In general, all operators must provide documents relating corporate ownership structure and the nature of their activity in order for AGCOM to enforce the application of antitrust laws, to guarantee the protection of information pluralism and the enforcement of the laws governing the media sector in Italy. The operators inscribed at the Roc must also pay an annual contribution fee to finance AGCOM’s institutional activities. Media operators are also required to communicate an annual statement, wherein they must provide any relevant information about their activities. Operators are also required to immediately notify AGCOM about any change in the corporate structure.

AGCOM may initiate proceedings ex officio or on the recommendation of the public concerning violations to the rules regarding registration or data disclosure. During an investigation AGCOM may require media outlets to submit additional documents and may even inspect the premises of an operator in cooperation with the financial or postal police.58 In these cases, AGCOM is obliged by law to respect the fundamental rights of the operator involved in the investigation, including the right to defense, the right to be heard, and the right of access to administrative documents.59

53 See “Criticism 20,” in “Criticisms and answers formulated on the subject of the proposed media act examined in a Europea context,” Ministry of Public Administration and Justice, December 20, 2010, available at: http://www.kormany.hu/en/ministry-of-public-administration-and-justice/news/criticisms-and-answers-formulated-on-the-subject-of-the-proposed-media-act-examined-in-a-european-context 54 Provisions regarding the media outlets registration are included in the Article 1(6)(a) (5) of the Maccanico Law (Law No. 247/1997), http://www2.agcom.it/L_naz/L_249.htm. http://www.agcom.it/default.aspx?docID=405), and in the Annexes A and B of AGCOM’s deliberation No. 666/08/CONS entitled “Regulation for the organization and maintenance of the Registry of Communication operators (ROC)” (available here http://www.agcom.it/default.aspx?DocID=2743). 55 Annex A of Deliberation No. 220/08/Cons (“Operators Charter of Rights”). 56 See Regulation for the organization and maintenance of the Register of Communications Operators, AGCOM’s deliberation No. 666/08/CONS, available in Italian: http://www.agcom.it/default.aspx?DocID=2743 57 Exact provisions regarding penalties for breaching the required data disclosure are contained in Article 1, paragraphs 29 to 32 of the Act on “Establishment of the Communications Regulatory Authority (AGCOM) and norms governing telecommunications and broadcasting.” 58 Deliberation no. 136/06/Cons (as amended by the deliberations n. 130/08/Cons, 648/09/Cons and 709/09/Cons). See Deliberation No. 220/08/Cons on AGCOM’s authority concerning inspections and supervisory activities. 59 All procedural rights accorded to the operators are explained in the Administrative Procedure Act (Act no. 241/1990), and in the “Operators Charter of Rights” issued by AGCOM in Annex A of the Deliberation No. 220/08/Cons.