Italy: : Ruling on ISP Liability for Online TV Programmes
Ernesto Apa, Federica De Santis · IRIS: Legal Observations of the European Audiovisual Observatory · 2015
On 7 January 2015, the Appeals Court of Milan issued a decision that represents a turning point in Italian case law on the role and liability of internet service providers (ISPs), insofar as it rejects the “Italian” distinction between “active” and “passive” hosting providers, lending a new perspective to the issue. The case was brought by Reti Televisive Italiane S.p.A (RTI), Italy’s main private broadcaster and part of the Mediaset group, against Yahoo! Italia S.r.l. (Yahoo! Italia) and Yahoo!, Inc.