Regulation of the Audiovisual and Telecommunications Sector in Italy: From Community Challenge to National Issue
| Author | Virginie Verdier-Bonchut |
| Published date | 01 June 2003 |
| Date | 01 June 2003 |
| DOI | 10.1177/0020852303069002010 |
| Subject Matter | Journal Article |
Regulation of the audiovisual and telecommunications
sector in Italy: from Community challenge to national
issue
Virginie Verdier
Abstract
Regulation of the telecommunications and audiovisual sector is a legal, economic and
even political necessity. While its exercise by an allegedly independent
(administrative) authority is recognized by the Community institutions and all member
states, its role and powers differ from country to country. From this point of view,
Italy is an atypical case. The authority for guarantees in communication, Agcom,
which was a result of Community demands, is the only structure (within the member
states) that incorporates the principle of convergence. However, while this is,
undeniably, a legal process and, above all, complies with the wishes of the
Community, Agcom must face up to many criticisms and these once again give rise to
a discussion of the role of the independent (administrative) authorities within the
administration.
Introduction
The growth of the audiovisual and telecommunications1sector is a phenomenon
which has become a major issue in contemporary society. These new technolo-
gies, the increase in the financial flows involved in these information and commu-
nications media and cultural, social and political parts they play have become a
major concern for governments. The public authorities have become aware of the
need to legislate these activities and the fact that, in view of the interests involved
— public, private and especially general2— this requires regulatory activity.3
Regulation and legislation are two concepts that must be taken separately. The
Director General of the Telecommunications Regulatory Authority (ART)
reminds us of this:
Regulation must not be confused with legislation . . . Regulation means establishing the
legal framework within which legislation must be applied. This is defined both
Community-wide and nationally, and must be sufficiently detailed to lay down the
general guidelines, express the wishes of the authorities, and provide the agencies
involved with the necessary legal security, while remaining sufficiently general to
keep up with the pace of technological and economic change . . . Legislation is not the
Virginie Verdier-Bonchut is preparing a PhD (Doctorante), at the A.T.E.R. University Jean
MOULIN, Lyon 3, France. CDU: 351.817(45).
International Review of Administrative Sciences [0020–8523(200306)69:2]
Copyright © 2003 IIAS. SAGE Publications (London, Thousand Oaks, CA and New
Delhi), Vol.69 (2003), 271–283; 033539
02_IRAS69/2 articles 22/5/03 12:00 pm Page 271
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