AGCOM - website blocking

9. 5. 2014

The Italian communications regulatory authority AGCOM issued orders requiring all Italian ISPs to block access to two BitTorrent sites (torrentdownload.ws, limetorrents.com). The orders were granted within approximately 3 weeks following an application by IFPI national group FPM under a regulation that came into effect on 31 March 2014 (“the AGCOM regulation”).

Under the orders, the ISPs are required to implement the blocks within 2 days after the orders are served, and to bear the cost of implementation.

The AGCOM regulation establishes the first administrative website blocking procedure in Europe.  Under the regulation AGCOM has the power to order ISPs to block access to infringing websites upon consideration of a complaint filed by a rightholder. There is a “fast-track” procedure for websites responsible for massive copyright infringement.  Although the regulation currently provides blocking at DNS level only, lobbying continues to have it expanded to provide also for IP blocking.

In Italy, website blocking is already available under criminal law and so far 18 BitTorrent sites have been blocked. It is expected that the new administrative procedure will enable rightholders to obtain blocking orders in respect of more sites within a shorter period of time.