Abstract
The chapter deals with the Italian regulation of ISPs, with particular reference to the secondary liability regime. First, it analyses civil liability as regulated by the Italian Civil Code and then the new regime introduced by Legislative Decree 70/2003 which implements EU Directive 2000/31 on E-Commerce. The chapter focuses on the most critical issues, such as the relevance of actual knowledge and the system of notice and takedown. It offers an overview of the most prominent Italian case law on ISPs secondary liability in order to better examine the complexity and peculiarity of the Italian jurisprudence. Finally, it examines the regulation issued by the Communication Authority in 2013 (in force since March 2014) addressing the protection of copyright. The Authority aimed to establish a regime that balances the fundamental freedoms that should be granted on the Internet with economic rights such as copyright. However, the regulation has been challenged before the Regional Administrative Tribunal of Lazio, mainly for violating freedom of expression, economic freedom and the principle of proportionality, and the Tribunal has referred questions regarding its constitutionality to the Constitutional Court.
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