Communications Regulatory Authority

In the timeframe between 1 May 2005 and 30 April 2006 102 measures were
adopted by the Commission for Services and Products with regard to the non-electoral
period as well as to specific elections.
The non-electoral period is regulated by Resolution no. 200/00/CSP of 22 June
2000, setting forth “provisions implementing regulations governing political
broadcasting and equal access to the media in non-electoral periods”, as supplemented
by Resolution no. 22/06/CSP of 1 February 2006 setting forth “provisions enforcing
current rules and principles with regard to political broadcasting and equal access to the
media in non-electoral periods”, which strengthens the sanctioning protection in periods
immediately before elections by making reference both to sanctioning measures under
article 10, paragraphs 3 and 8 of law no. 28/00 and to fines under article 1, paragraphs
31 and 32 of law no. 249/97.
The radio and television general public service concessionnaire is required to
comply with the Commissione parlamentare per l’indirizzo generale e la vigilanza dei
servizi radiotelevisivi regulations of 18 December 2002 relating to “political
broadcasting and self-produced broadcasts in periods not involved in electoral or
referendum campaigns”, as amended by resolution of 29 October 2003.
In order to enforce the aforementioned resolutions AGCOM conducted 14
proceedings and adopted 14 measures, including 11 dismissal resolutions, 3 of which
involved news, 1 involved fee-paying self-produced broadcasts and 7 involved
spontaneous compliance by press publishers and television broadcasters with regard to
political polls.
Two measures entailed declaratory judgements barring further proceedings due
to the lack of formal and procedural requirements, while the last measure was adopted
in the period before spring 2006 general elections, pursuant to above-mentioned
Resolution no. 22/06/CSP, and concerned a television current affairs programme
characterized by a host anchoring the programme in the absence of discussion and by an
evident lack of balance, as just one political party was portrayed. With regard to the
case in point AGCOM prescribed the airing of a message setting forth the lawbreaking
that had been committed (article 10, paragraph 8, letter a of law no. 28/00), and it also
inflicted an administrative fine under article 1, paragraph 31 of law no. 249/97.
The watchdog task carried out by AGCOM also aims at causing radio and
television information relating to some given subjects, with respect to constitutionally
relevant socio-political initiatives, to be supplied in compliance with the fundamental
and general principles of the radio and television system under articles 3 and 7 of the
radio and television Consolidation Act, while also protecting a person’s fundamental
rights in the communications sector, including radio and television. In acting as a
watchdog AGCOM adopted 2 policy provisions, one with regard to primary elections
aimed at nominating candidates standing for Prime Minister at 2006 general elections,
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