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The regulatory framework

2012 was characterized by legislative intervention concerning the regulation of the broadcasting industry, as detailed below.

Assignment for the frequencies available in television band for digital terrestrial radio broadcasting

As you know, in April 2009, the Italian Communications Authority (hereinafter AGCOM) implemented resolution no. 181/09/CONS containing the criteria for the complete digitalization of the terrestrial television networks, which indicated that a bid procedure would be held for the assignment of television band frequencies for digital terrestrial radio broadcasting systems.

With directorial decree of 20 January 2012, the Ministry of Economic Development suspended the bid procedure for the assignment of the rights to use these frequencies (so-called Beauty Contest), in relation to which Rai has presented an application to take part in September 2011, for 90 days.

Subsequently, art 3-quinquies of Decree Law 16 of 2 March 2012, as converted, with amendments, by Law 44 of 26 April 2012, in paragraph 6, containing urgent measures for the efficient use and economic value enhancement of the radio spectrum, cancelled the Ministry of Economic Development tender and the corresponding regulations of 8 July 2011 for the procedure for the assignment of the rights to use frequencies, establishing, in order to ensure the efficient use and economic value enhancement of the radio spectrum, that they be assigned by public tender called by the Ministry of Economic Development on the basis of the procedures established by the Italian Communications Authority.

Technological innovation

Art 3-quinquies of Decree Law 16/2012, converted by Law 44 of 2012, assigns to the Ministry of Economic Development and to the Authority, within the sphere of actions to guarantee competitiveness and innovation in compliance with the management policy established by the European Union and the objectives of the Italian and European digital agenda, every action useful to the promotion of the television standards DVB-T2 and MPEG-4 or subsequent developments approved within the sphere of ITU. Also, to encourage technological innovation and the efficient use of the spectrum, the law envisages that, as of 1 January 2015, appliances for the reception of television and radio broadcasts sold to distributors must have a built-in decoder compatible with DVB-T2 and codification MPEG-4 or subsequent evolutions and, as of 1 July 2015, all appliances sold through retail channels must posses such features.

Guidelines on the content of the further general public service broadcasting obligations

With resolution no. 587/12/CONS, AGCOM approved the guidelines on the content of the further general public service broadcasting obligations in accordance with article 45, paragraph 4, of the Consolidated Broadcasting Law (TUSMAR) for 2013-2015, in order to make the public service mission consist with Italy’s new technological, cultural and social context. According to the Authority, achieving the aim could be pursued by improving the quality of programming, technological innovation and transparency in the provision of the public service. Therefore, the following aims have been established in relation to the supply of public service broadcasting and the relative obligations:
• ensure that the entire management of Rai is inspired by the principles of the public service;
• recuperate the identity of public service broadcasting in the eyes of the user;
• improve the quality of programming in the broadest sense. Quality must be considered first and foremost as the capacity to plan and renew contents, to be developed by experimenting new formats and languages, the improvement of the qualitative level of information, the promotion of audiovisual productions to export the country’s image, the reaching of different audiences through the variety of genres offered and thematic investigations, overcoming cultural stereotypes and strengthening the social and cultural commitment, as well as enhancing the value of archive materials to conserve the country’s historical memory. It is also necessary, according to the Authority, to spread vast information on the public service offering to offer an understanding of what the licence fee represents and why it has to be paid, as well as guaranteeing protection of minors and improving fruition of production by hearing and sight-impaired users;
• promote technological innovation, extending the benefits of new technologies to as many people as possible, in a competitive context. According to the Authority, Rai must instruct the public in how to use the new technologies, extend the offering of Internet broadcasting, develop innovative technologies, guarantee technological neutrality and improve technical quality;
• stimulate creativity and culture, encouraging the image of Italy abroad;
• favour knowledge of Europe and the European Union and also of the international setting, as well as people’s ethic and civic sense;
• guarantee the correct development of minors;
• expand the fruition of public service programming by people who are hearing and sight-impaired;
• pursue efficiency in the use of resources generated by the licence fee;
• strengthen the relationship with people/users, improving transparency in the provision of the public service and use of the licence fee.

Defence of minors

Legislative Decree no. 120 of 28 June 2012 amended art. 34 of the Consolidated Broadcasting Law (TUSMAR), envisaging new provisions in defence of minors: consequently, television programmes that can serious harm the physical, mental or moral development of minors are forbidden. This particularly refers to programmes containing unnecessary, excessive or extreme violence or pornography and the broadcasting of films the viewing of which has not been approved or has been forbidden for under-18s. Radio or television broadcasts do not therefore contain programmes that can seriously harm the physical, mental or moral development of minors and films the viewing of which has been forbidden for under-14s, unless they are broadcast between 11.00 pm and 7.00 am or another technical application prevents minors within the broadcasting area from seeing or listening to such programmes. Should such programmes be broadcast, either through free of pay-TV, in the case of radio broadcasts they must be preceded by an acoustic warning, and, in the case of television broadcasts, they must be preceded by an acoustic warning and accompanied for their entire duration by a clearly visible visual symbol.

Advertising limits

Legislative Decree no. 120 of 28 June 2012 amended article 38 of Legislative Decree no. 177 of 31 July 2005, envisaging that the promotional messages, belonging to initiatives promoted by institutions, organisations, trade associations, publishers and bookstores, aimed at arousing public awareness of books and reading, also transmitted by public and private radio and radio broadcasters free of charge or at special conditions, as well as promotional films or presentations of forthcoming European cinema production, not be considered solely for the purposes of calculating advertising limits.

Television voting

With resolution no. 443/CONS, the AGCOM amended and integrated the regulation of the transparency and effectiveness of the television voting system pursuant to resolution no. 38/11/CONS, introducing, among other things, methods of allowing broadcasters to supply the television voting service through traditional telephone services (phone calls, texts) and also through Internet applications, which guarantee the identification of the person voting and the traceability of the votes. It has also been established that, in the event of cancellation or suspension of single sessions or of the whole television voting service, for reasons other than mere chance or force majeure, without the results of the competitions for which users have been asked to express a preference having been defined, the price of the votes expressed until the time of cancellation or suspension must be refunded in full to users.

Advertising messages concerning games with cash prizes

Decree Law no. 158 of 13 September 2012, converted into Law, with amendments, by article 1, paragraph 1, Law no. 289 of 8 November 2012, containing urgent provisions for promoting the development of the country with a higher level of protection of health, in article 7 forbade advertising messages concerning games with cash prizes during television or radio broadcasts aimed at minors and during the 30 minutes before and after their broadcast, as well as advertising messages concerning games with cash prizes in newspapers, magazines and publications during television or radio broadcasts, and also via Internet, in which even just one of the following elements is highlighted:
a) encouragement of gambling, or the promotion of its practice;
b) presence of minors;
c) absence of warnings against the risk of dependence on gambling, as well as the indication of the possibility of consulting informative notes on the probabilities of winning published on the institutional websites of the independent administration of the state monopolies and, after its incorporation in accordance with the legislation in force, of the customs and monopolies department, as well as the single licence holders, available from the gambling points.

News flashes relating to events of outstanding public interest

With resolution no. 392/12/CONS, the AGCOM amended the regulation concerning the broadcasting News flashes relating to events of outstanding public interest. The use of pictures of the event for news flashes is now allowed, limited to an overall duration of 90 seconds for each event, only within the context of news bulletins, also in subsequent editions, from one hour after the end of the event until 48 hours after its ending. For particularly short events, the news flashes must have a proportionate duration, not in excess of 3% of the duration of the event, respecting the maximum limit of 90 seconds.

Events of particular importance to society

With resolution no. 131/12/CONS, the AGCOM approved the list of events of particular importance to society, for which broadcasting is guaranteed on free television. The television broadcasters subject to Italian jurisdiction cannot broadcast exclusively and only in codified form:
a) the summer and winter Olympics;
b) the final and all matches played by the Italian national football team in the World Cup;
c) the final and all matches played by the Italian national football team in the European Cup;
d) all home and away matches played by the Italian national football team in official competitions;
e) the final and semi-finals of the Champions League and the Europa League if Italian teams are involved;
f) the Giro d’Italia;
g) the Italian Formula 1 Grand Prix;
h) the Italian Moto GP Grand Prix;
i) the finals and semi-finals of the world basketball, water polo, volley ball and rugby championships in which Italian teams are competing;
j) matches of the Six Nations rugby series in which the Italian national team is competing;
k) the finals and semi-finals of the Davis Cup and the Fed Cup in which the Italian national team is competing and the Italian International tennis tournament in which Italian players are competing;
l) the world road cycling championship;
m) Sanremo Festival;
n) the first performance of the opera season at Milan’s La Scala Theatre;
o) the New Year’s Day Concert of Venice’s La Fenice Theatre.