Thumbs Down For Roman Internet Circus

Michael Hedges January 25, 2010 - Follow on Twitter

Internet access, rights to and fro, is a hot topic, the cyberwar between China and Google grabbing recent attention. Leaders of governments with a particular orientation have become obsessed with internet because of its wealth and its power. It’s all about money and control.

The Italian government issued a decree ostensibly bringing Italian law into compliance with European Commission directives. There will be more government control over the Web and pay-TV. The decree also changes the independent production thresholds on television channels and reduces the advertising allotment on pay-TV.

Under the draft decree announced last week (January 20) the Italian government would form an agency to police websites for content harmful to minors. Government censors would be able to impose fines on YouTube, MySpace and other lesser mortals. The intention, say the drafters, is to bring their regulation in line with the EU’s Audiovisual Media Services Directive (AVMS). Google owns YouTube and MySpace is owned by News Corporation. Anybody uploading videos to the Web will be required to obtain a license from the Ministry of Communications.

"The decree does not intend to censor the right to information online, nor to limit the possibility of expressing your ideas and opinions via blogs and social networks," said Communications Ministry deputy Paolo Romani in a statement. Romani is the principal drafter of the media decree, officially Legislative Decree 169. Some call it the Romani Decree. Others are calling it the Mediaset Decree.

With governments from China to France taking more steps to control internet content, Google’s lawyers will be working on yet another set of legal challenges. This might mean taking the fight Italy and Silvio Berlusconi to the European Commission, said Google Italia policy council Marco Pancini. The Romani Decree effectively equates YouTube and television channels.

“We are concerned,” said Pancini to La Stampa, “at the fact that Internet service providers, like YouTube, that simply make content available to the general public, are being bundled together with traditional television networks that actually manage content. It amounts to destroying the entire Internet system.”

“If I am the BBC and I am using the web to broadcast my IPTV, I am in the scope of the (AVMS) Directive,” Pancini said to the AP.  “If I am a user posting on YouTube video of my son's birthday, I am not under the scope of the directive.” Pancini held discussions with Italian legislators, he told the AP, and believes “they were open to amending the decree.”

“This decree is an enormous gift to Mediaset," said former Communications Minister Paolo Gentiloni, quoted by Time (January 22) "We suspect that this maneuver is aimed at slowing the growth of the web's video offerings by a government that has a personal interest in supporting private TV." Media watchers in Italy and beyond are used to seeing legislation and official decrees favoring Berlusconi family interests, business and pleasure. Prime Minister Silvio Berlusconi is frequently featured in YouTube videos, often unflatteringly.

As often the case, local impact from the Romani Decree involves far more weighty issues; local production, football and porn. Revenue streams at Sky Italia depend on certain unique and specific content.  Movies rated ‘R’ – restricted to persons under 14 years – and ‘adult’ content will be banned from any television – including pay-TV – between 0700 and 2230.

Under the proposed media law changes, television networks would be required to broadcast “local” movies and drama in 10% of prime time. Independent producers would also lose residual rights. Italian film and television workers staged a one-day strike (Friday January 22) in protest at the Rome headquarters of public broadcaster RAI, Berlusconi family owned Mediaset and Murdoch family owned Sky Italia.  

There are “crucial” difference between the new government decree and the EC’s AVMS Directive, notes Italian telecom trade association Asstel. “Audiovisual media services must be for the general public,” said the association’s statement (January 22), “and private websites and services providing or distributing audiovisual content generated by private users should not be considered.” Implementation of the new decree is, said the telecoms group, “indefinitely abnormal.”

“We have reached a delirium of omnipotence on the part of Berlusconi and his conflict of interest," said Democratic Party (PD) senator Vincenzo Vita. Earlier last week Vita said Italy is joining “the club of censors – China, Iran and North Korea.”

The controversy surrounding the decree is “spurious and unfounded”, said Romani, quoted by news agency ASCA (January 22). “We absolutely do not want to regulate the Web,” clarifying that he had met with Google and Yahoo representatives. As for the charges of collusion with the Berlusconi family media empire; “Show me a single point in favor of Mediaset and we can discuss it.”

Italian competition authorities earlier approved a new football rights scheme (January 22) after a green light from the European Commission.  Pay-TV broadcaster Sky Italia, controlled by the aforementioned Murdoch family, owns Lega Calcio rights. The new plan will, according to the order, promote greater competition within and between other platforms, forcing Sky Italia to sell off some football rights. 

The new media decree will take effect, parliamentary committee debate and legal challenges notwithstanding, with Prime Minister Silvio Berlusconi’s Cabinet approval on February 4th.

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