Rome Court of Appeal confirms that mere indication of a work’s title is enough to trigger hosting provider’s liability
Is the mere indication of the titles of the TV programmes whose extracts must be removed sufficient to trigger a hosting provider’s duty to act in compliance with what is provided for in Article 14 of the E-Commerce Directive ? When does a hosting provider lose its safe harbour protection? As readers know, these are questions that Italian courts have been asked to address several times over the past few years. Some readers might also recall the odd interesting responses provided by the Tribunale di Roma (Rome Court of First Instance) on a number of occasions [eg here , here and here ] . Among other things, in its 2016 judgment in RTI v Break Media [noted here ] , the Rome court answered the first question above in the affirmative, and also tried to clarify when a hosting provider loses its safe harbour protection. The decision was rendered in the context of litigation between RTI - Reti Televisive...