The AGCOM regulation on 'fair compensation': a co-regulation model in search of efficiency / Il regolamento AGCOM sull'“equo compenso”: un modello di co-regolazione in cerca di efficienza.

Abstract

The Council of State (nr. 894/24) appropriately removed the decision by which the Lazio Regional Administrative Court (nr. 18790/23) had suspended the AGCOM regulation on fair compensation, thereby allowing an important attempt to experiment with co-regulation not to be interrupted, in order to strike a balance in the area of free dissemination of online newspaper content between the interests of digital platforms, publishers and the public of the users of the information disseminated. Digital platforms 'over the top' escape the sovereignty of the legislators of individual territorial states, so that, in order to succeed in adopting market regulation, there is a need for a virtuous collaboration of the platforms themselves, in a public-private co-regulation perspective, facilitated by the role of the sector Authorities, in application of the principle of subsidiarity.