The law converting the Omnibus Decree has been published in the Official Journal. The provisions on provider liability are effective today.

 

It was published in the Official Journal on 8 October, the LAW 7 October 2024, n. 143. Conversion into law, with amendments, of Legislative Decree No. 113 of 9 August 2024, containing urgent fiscal measures, extensions of regulatory deadlines, and economic interventions. (24G00161).

The law comes into force today.

The law contains some provisions on liability, also from the point of view criminal, of the electronic communication operators.

These are the changes made by the Conversion Law to the original Omnibus Decree.

 

In Chapter I, after Article 6, the following are added:

«Art. 6-bis (Amendments to Law 14 July 2023, n. 93, in

matter of disabling access to distributed content

illegally). – 1. Amendments are made to Law No. 93 of 14 July 2023

the following changes:

  1. a) in Article 2:

1) in paragraph 1, the word: “univocally” is replaced

from the following: “predominantly”;

2) in paragraph 3, first period, after the words: “including the

"network access service providers" are included

following: “as well as VPN service providers and DNS providers

publicly available wherever residents and wherever located”;

3) in paragraph 3, fourth period, after the words:

“The following are added to "addressee of the provision":

“also guaranteeing to any person who demonstrates that he possesses a

qualified interest the possibility of requesting the revocation of the

access inhibition measures, due to documented lack of

legal requirements, including subsequent ones”;

4) in paragraph 5, first period, after the words: “ai

network access service providers,” are inserted

following: “including VPN service providers and DNS providers

publicly available, wherever resident and wherever located,“;

5) in paragraph 5, third period, after the words: “provide

however” the following are inserted: “, within the same deadline

maximum thirty minutes from the notification of the order

disable,”;

6) after paragraph 5 the following is inserted:

“5-bis. Providers of assignment services

IP addresses, the Italian Registry for the Top Level country code

Domain (ccTLD) .it, name registration service providers

domain for ccTLDs other than the Italian one and for names

generic Top Level Domain (gTLD), periodically provide

re-enable domain name resolution and routing

network traffic to IP addresses blocked under the

this article, at least six months after the block, and that no

are used for illicit purposes";

Follow on The Sun 24 Hours

en_GBEnglish
WeeJay