INDUSTRIES, MEDIA | New regulation on investment obligations published

On 18 March 2025, the media regulator AGCOM published the Resolution No. 70/25/CONS amending certain provisions (the “LOI Amendment Resolution”) of the Resolution No. 412/24/CONS (on AVMS providers investment obligations, the “LOI Regulation”) in order to align it to Legislative Decree No. 50 of 25 March 2024 (that has modified the provision on investment obligation set forth in the Italian Media Law), following the consultation launched by Resolution 412/24/CONS. The amendments to the LOI Regulation set forth in the LOI Amendment Resolution are (a) the reduction of the investment obligation quotas in EU works from 20% to 16%, and the increase of the quotas allocated to Italian works of original expression produced within the last 5 years from 50% to 70%, of which 27% (equal to 3.024% of the overall) should be invested in cinematographic works of original Italian expression produced within that same period; (b) the inclusion within the eligible costs for the purpose of fulfilling the obligations of investment in EU works by linear and on-demand AVMS of (a) the costs for producing the Italian dubbed edition of EU works; and (b) the costs of marketing and distribution of the EU works, provided that “the contracts relating to the latter include remuneration mechanisms for the producer, including in the form of reward schemes linked to the performance cycle of the same”. The new provisions will be applicable starting from 2025 (i.e. for investment made during 2025 and to be reported in 2026).

Newsletter n. 105 – March 2025