Italy’s controversial amendments targeting illegal football streaming risk being rendered unenforceable after the government failed to notify the European Commission under the Technical Regulation Information System (TRIS), according to Euractiv.
The omission means Italian courts can now invalidate the laws on a case-by-case basis, though citizens and businesses must challenge them individually.
The legislation, designed to combat piracy of Serie A matches, requires internet service providers (ISPs) to block illegal streams within 30 minutes of notification. It also extends liability to VPN providers and DNS operators, a move critics argue could undermine free speech and conflict with EU digital rights frameworks.
The CCIA Europe alert flagged potential incompatibility with the EU’s Digital Services Act (DSA), which supersedes national laws on content moderation. The DSA establishes harmonised rules for illegal content removal and platform liability, while Italy’s 30-minute takedown mandate and expanded ISP obligations deviate from these standards.
Legal experts suggest the Commission may escalate the matter to the Court of Justice of the EU (CJEU), particularly given the DSA’s primacy. However, the Commission has yet to formally determine whether the Italian laws violate the DSA, a prerequisite for legal action.
Italian judges can now dismiss prosecutions under the statutes, though this requires affected parties to mount costly individual challenges. VPN providers and digital rights groups are expected to lead the legal pushback.
