digital services act Archives

FEAT defines new lobbying priorities at 2023 Annual General Meeting in Barcelona

Posted on 24 October, 202324 October, 2023

FEAT held its annual general meeting in Barcelona on Thursday 19th October.

Discussions about lobbying priorities for the coming year focused on the role of online search advertising in supporting predatory ticket resale. It’s estimated that Google is responsible for driving two thirds of traffic to Viagogo.

The EU’s Digital Services Act (DSA) brought in tough new measures from August requiring large search engines to clamp down on illegal product listings. These include working with risk-affected parties to carry out assessments of ‘systemic risks’ relating to illegal content.

FEAT members agreed that by failing to properly consider the continued prevalence of illegal ticket resale advertising, large search engines may already be in breach of their new responsibilities.

FEAT is also looking to adjust ticket T&Cs to enable event organisers to de-list resale ticket listings more aggressively via the Digital Services Act’s notice and action mechanisms once the regulation comes into force more widely in the New Year.

The AGM also saw FEAT plan the next phase of its consumer awareness campaign Make Tickets Fair!. Working with live event professionals, this will feed messaging into official announcements from artists, festivals and venues to help fans buy tickets safely.

FEAT welcomed new member Kiki Ressler, Managing Director of KKT, a significant booking and touring company in Germany, representing 64 artists including Die Toten Hosen and Die Ärzte.

FEAT founding director and founder & CEO of Doctor Music Neo Sala, who hosted this year’s AGM, said: “With new Europe-wide regulations coming into effect for predatory resale platforms in the New Year, we united at a critical moment. During the meeting we agreed exciting plans to use the DSA to get illegal ticket resale listings taken down, as well as ramp up the “Make Tickets Fair!” campaign to help educate music fans on safe ticketing.”

European Parliament approves new digital rules with major impact on secondary ticketing

Posted on 5 July, 20225 July, 2022

The Face-value European Alliance for Ticketing welcomes news that the European Parliament has voted to approve a new Regulation to better tackle online harms — the Digital Services Act (DSA) — with with 539 votes in favour, 54 votes against and 30 abstentions.

The new rules will help prevent abuses on online marketplaces, including ticket resale sites. They include measures to ensure professional sellers are identifiable, prevent certain manipulative sales tactics, and require regular reporting to improve transparency for consumers.

Identifying and verifying professional sellers
Online marketplaces will be required to obtain essential information about third party professional sellers, from their name and contact details, to their bank details and ID, before traders are allowed to list tickets on the platform. They will also be required to make best efforts to assess whether the information is reliable and complete, and ensure that the seller’s name, contact and trading details appear on the listing, as well as conduct random checks to prevent the resurfacing of listings that contravene national laws.

Increased accountability for marketplaces
Whilst ticket resale platforms can claim to be exempt from liability for content provided by third parties, provided they are not active hosts, they could now be held responsible for tickets listed in contravention of national laws, where fans are led to believe that the ticket is provided by the platform itself or that the seller is acting under its control. As a result, resale platforms should make it clear throughout the buying process that the tickets listed are provided by a third party.

Prohibition of dark patterns
Dark patterns (user interfaces designed in such a way as to trick users into making certain decisions, such as “pop-ups” or giving prominence to specific choices) will be prohibited. As such, ticket resale sites will be banned from using design tricks that manipulate consumers.

Annual reporting
Online hosting platforms such as ticket resale sites will be required to produce easily comprehensible and publicly-available annual reports on any content moderation activities relating to infringements of the law or the platform’s terms and conditions. This will give an indication of the scale of harmful activity taking place – important in helping enforcement agencies and advertising partners such as Google comprehend the scope of the problem. The reporting measures will be coupled with a simplified notice and action procedure for illegal listings.

Increased oversight
Every Member State will be required to appoint a Digital Services Coordinator (DSC) to enforce the rules laid out in the DSA, with far-reaching powers of investigation, including to carry out on-site inspections, interview staff members and require the production of documents and information. Penalties for non-compliance can reach up to 6% of platforms’ global turnover.

The DSA will now go through the formal adoption procedures by the European Council before it is published in the EU Official Journal. It will enter into force 20 days after its publication in the Official Journal of the European Union, and its provisions will mainly apply fifteen months after entry into force or from 1 January 2024, whichever comes later.

Despite COVID-19, the European secondary ticketing market was estimated to be worth €1.83bn in 2021, with predictions to grow to €2.29bn by 2023; money that is drained from consumers and the sports and cultural industries. FEAT has spent two years engaging with policy-makers over the DSA, including spearheading an open letter with other concerned groups. This called on the EU to compel online marketplaces to act responsibly and was signed by nearly 150 representatives throughout the cultural industries and was recognised by commissioners in charge of the DSA.

While pleased that the legislation has finally been passed, FEAT recognises that the text could have gone further and will continue to campaign for tougher legislation to prohibit profiteering on uncapped resale sites at the expense of fans and the live industry.

Neo Sala, Director of FEAT and Founder and CEO of Doctor Music, stated “FEAT welcomes the new Digital Services Act, a landmark legislation aiming to protect consumers online. We hope that it will help prevent manipulative and exploitative practices taking place on resale sites and pave the way for tougher laws to ban profiteering altogether.”

EU Reaches a Deal on Tighter Digital Rules To Improve Ticket Resale

Posted on 25 April, 202225 April, 2022

The EU has reached a provisional political agreement on the Digital Services Act, a regulation designed to create a safer and fairer online environment, including over ticket resale abuses. After a marathon 16 hours of discussions between policy-makers, the text was agreed on Saturday 23rd April in Brussels.

The European Parliament and Council as well as negotiators suggest the Act contains a number of measures to ensure secondary ticketing marketplaces act responsibly. These are expected to include:

Ticket scalpers will only be able to list tickets after providing essential information (“Know Your Business Customer” principle), which marketplaces must make efforts to verify
Secondary marketplaces will also be obliged to conduct random checks for tickets sold illegally
Measures designed to panic buyers, such as pop-ups claiming several people are viewing the same ticket, will be banned.

Reports suggest that while micro and small marketplaces will be exempt from verifying traders and conducting random checks, marketplaces that are medium-sized (employing between 50 – 250 people) for more than a year will have no such exemption. Search engines are understood to face new responsibilities too, but what these may involve is currently unclear.

FEAT has spent two years engaging with the EU over the DSA, using lobbying methods such as arranging an open letter with other concerned groups such as FanFair Alliance and Pearle* Live Performance Europe. The letter called on the DSA to compel online marketplaces to act responsibly and was signed by nearly 150 representatives across the industry, from ballet and pop to opera and comedy.

FEAT Director Sam Shemtob said, “We cautiously welcome news of measures to be placed on secondary ticketing marketplaces to clean up the Wild West in which they have operated so far. The devil will be in the detail, but we hope the new requirements for vetting traders and publishing basic information about the seller will enable fans and event organisers to make informed decisions.”

The text of the DSA is to be finalised at technical level, before being formally approved by European Parliament and Council. 20 days after its publication, the Act will come into force in the EU Official Journal. Big Tech firms will then have four months to prepare for the rules, while companies with fewer than 45 million users will have 15 months or until 1 January 2024, whichever is later.

Europe’s live performance sector signs open letter for tougher EU rules on online marketplaces

Posted on 11 March, 202227 June, 2022

Over 140 representatives from across Europe’s live performance sector have signed an open letter calling for the European Union to introduce tougher laws on online marketplaces. The signatories, who represent the worlds of pop, ballet, opera, theatre, comedy and more, are fed up with Europe’s exploitative ticket resale market, which drains hundreds of millions of euros from the live sector annually.

The letter focuses on the EU’s upcoming Digital Services Act, a regulation designed to make the internet safer. It comes ahead of a crunch meeting due to take place on Tuesday 15th March. Signatories include managers, agents and promoters for Ed Sheeran, Rammstein, Christine and the Queens, Robbie Williams, Jean-Michel Jarre, Alejandro Sanz, Hélène Grimaud, Parov Stelar, Måneskin, Die Ärzte, Yann Tiersen and Sigur Rós; plus many festivals, venues, industry groups and performers.

The letter reads as follows:

We are a wide-ranging group of European stakeholders from the culture industries, including artists and performers, managers, booking agents, event promoters, venues and representative organisations. We represent the core of the live performance sector, supporting culture and innovation, as well as contributing to economic growth, competitiveness and social development.

Ticket resale marketplaces are a hotbed for illegal activity. They enable professional ticket scalpers to resell tickets for a significant profit – often fraudulently – contrary to consumer protection and competition laws in many Member States. They use manipulative sales tactics and supply ticket resellers with tools that make it easier for them to commit fraud. Not only that, by concealing the identities of sellers, the ticket market supports widespread tax evasion, and tax authorities in Member States miss out on considerable tax revenues as a result.

These practices exploit fans and seriously undermine cultural businesses by leaching away hundreds of millions of euros each year. This threatens the post-pandemic recovery of Europe’s live events sector and has a knock-on effect on artists and business owners.

The Digital Services Act offers an opportunity to compel online marketplaces to act responsibly, and the next phase of negotiations is crucial in setting a high standard for consumer and business protection online.

With this aim in mind, we request that the new rules outline clear and robust responsibilities for marketplaces to ensure sellers are identifiable (“Know Your Business Customer”). This means obtaining and making best efforts to ensure the name, address and bank details of the seller, and the products offered, are legitimate. The identity of the seller must also be clearly visible alongside the products offered, as fans need to know who they are buying from. As well as checks on sellers, marketplaces should also carry out periodic spot-checks on listed products to ensure that they comply with the law.

Importantly, these basic obligations within the Act must apply to all businesses. We particularly reject the idea of a waiver for medium-sized businesses, which would leave the rules vulnerable to exploitation and encourage bad actors to move to smaller platforms.

Should a marketplace fail to comply, we ask that they be held accountable for any resulting illegal activity and harm done to fans.

Please find our supported compromise amendments here.

Live performance professionals who wish to sign can do so here.

SIGNED BY:

Representative Organisations

ACOD Cultuur: Inge Hermans (ACOD Cultuur President Comité Muziek)
APM (Asociación de Promotores Musicales) (Music Promoters Association of Spain): Albert Salmerón (President)
BDKV: Johannes Ulbricht (Legal Director)
Bundestheater-Holding GmbH (Austrian Federal Theatres’ Organisation): Magdalena Menheere (Group coordination ticketing)
CSC Transcom Culture: Didier Gilquin (Culture General Manager)
The Danish Musicians’ Union: Søs Nyengaard (Chairman of the Board)
Deutsche Orchestervereinigung (German Orchestra Association): Jean-Marc Vogt (Musician/President)
European Arenas Association: Victoria Matthews (Executive Officer)
European Music Managers Alliance (EMMA): Per Kviman, Chair
FAIR-MediaSind, The Romanian Federation for Culture and Mass-Media: Leonard Octavian Paduret (President)
Face-value European Alliance for Ticketing: Sam Shemtob (Director and Co-Founder)
FanFair Alliance: Adam Webb (Campaign Manager)
Finnish Musicians’ Union: Ahti Vänttinen (President)
FNV (Federation of Dutch Trade Unions): Martin Kothman (Director of Media & Culture, Netherlands), Heather Kurzbauer (Professor)
Gadget abc Entertainment Group AG: Christof Huber (Festivals Director)
German Orchestra Union: Gerald Mertens (CEO)
Hungarian Musicians’ and Dancers’ Union: László Gyimesi (Vice President)
International Federation of Musicians: Benoît Machuel (General Secretary)
The Ivors Academy: Graham Davies (CEO), Crispin Hunt (Director)
Live DMA: Audrey Guerre (Co-Ordinator)
LKDAF (Latvian Cultural Workers Union): Aldis Misēvičs (Chairman)
The Musicians’ Company: Richard Lyttelton (Charity Trustee)
Music Managers Forum: Annabella Coldrick (Chief Executive)
Musicians’ Union of Ireland: Seamus Doyle (Musician)
Musicians’ Union UK: Horace Trubridge (General Secretary)
Norwegian Live Music Association: Tone Oesterdal (CEO)
Pearle* – Live Performance Europe: Silke Lalvani (Head of Public Affairs)
SLC CGIL (Communication Workers’ Union): Loris Grossi (Representative)
SMV-USDAM Switzerland (Swiss Musicians’ Union): Beat Santschi (General Secretary)
Sindicato Profesional de Músicos (Spanish Professional Union of Musicians): Pablo Múzquiz (President)
Swiss Music Promoters Association (SMPA): Stefan Breitenmoser (General Manager)
Symf (Swedish Union of Professional Musicians): Gunnar Jönsson (President), Jonas Nyberg (Editor)
Theater-Transfer: Michael Hilleckenbach (Managing Director)
Vereinte Dienstleistungsgewerkschaft (ver.di), music section: Gabor Scheinpflug (Chairman)
Victim of Viagogo: Claire Turnham MBE (Founder and Campaigner), Jane Robinson (Moderator)
Younion: Thomas Dürrer (Sekretär ÖGB – Section Secretary)
YOUROPE – The European Festival Organisation: Katharina Weber (Project Manager)

Agents

All Artists Agency: Michael Sand (Booking Agent)
Creative Artists Agency: Emma Banks (Co-Head International Touring), Andy Cook (Agent), Jamie Shaughnessy (Agent)
One Fiinix Live: Jon Ollier (CEO/Agent)
Paradigm Talent Agency
Primary Talent International: Ben Winchester (Director)
Progressive Artists: Rob Gibbs (Booking Agent)
Pure: Angus Baskerville (Director), Jodie Harkins (General Manager)
United Talent Agency: Jules de Lattre (Agent), Beth Morton (Agent), Jamie Waldman (Agent)

Artists

Bernd Stelter: (Comedian)
Danceperados of Ireland: Petr Pandula (Artistic Director)
Michelle Shocked: (Singer Songwriter)

Festivals

AiaSound Festival: Frederik Kjærgaard (Founder & CCO)
Baloise SessionL Beatrice Stirnimann (CEO)
Caribana Festival: Samuel Galley (Booking & Production)
Europavox
Festival Cruïlla: Jordi Herreruela Salas (Director)
HOME Festival: Emanuela Virago (General Manager)
Paléo Festival Nyon: David Franklin (Ticketing Manager)
Provinssi Festival: Sami Rumpunen (Festival Director)
Rock en Seine Festival: Matthieu Ducos (General manager)
Stichting Explosion Festival: Hayo Braakman (Digital Event Manager)
We Love Green: Marie Sabot (Director)
Winterthurer Musikfestwochen – David Egg (Co-Head of Festival)
Verein Openair Etziken: Yves Ammann (Festivalleitung – Festival Director)

Managers

Crockford Management: Paul Crockford (Manager)
Grumpy Old Management Ltd: Stuart Camp (Manager of Ed Sheeran)
Klassenfahrt: Florian Böde (Artist Manager)
Ignition: Alec McKinlay (Partner)
RLM: Yann Barbot (Marketing & Booking Director)
Wildlife Entertainment Limited: Ian McAndrew (Artist Manager)

Promoters

AllBlues Konzert AG: Johannes Vogel (Director)
All Things Live Group: Kim Worsøe (CEO)
Applaus Kulturproduktionen GmbH: Paul Kunze (CEO)
art.emis Entertainment GmbH: Ulrich Lautenschläger (Manager)
Artist Promotion Management Ltd: Harvey Goldsmith (CEO)
a.s.s. concerts & promotion GmbH: Dieter Schubert (CEO), Florian Böhlendorf (Agent), Mick Köppe (Booking Agent), Sara Lemke (Tour Production), Jessica Zühr (Ticketing), Fabian Rau (Event Management Trainee), Susanne Strathausen (Marketing Manager)
Barley Arts: Claudio Trotta (Promoter)
Barracuda Music GmbH, Austria: Franz Erhardt (CEO)
Barracuda Holding GmbH, Austria — Austria: Ewald Tatar (CEO)
Cávea Producciones: Ramón García-Barros (Owner)
concert team nrw: Berni Lewkowicz (General Manager)
Concerts East: Siyabend Suvari (CEO)
d2mberlin GmbH/Die Wühlmäuse GmbH: Daniel Domdey (CEO)
DEAG Deutsche Entertainment AG: Britta Herrström (Senior Corporate Lawyer)
Doctor Music Concerts: Neo Sala (Founder and CEO)
domino Event SARL: Stefan Breitenmoser (CEO)
DreamHaus GmbH: TimEichin (Senior Coordinator Finance/Legal)
E.L.Hartz Promotion GmbH: Ernst-Ludwig Hartz (CEO)
FKP Scorpio: Folkert Koopmans (CEO)
Greenhouse Talent: Pascal Van De Velde (Founder and CEO)
Goodlive Artists: Justus Mang (Managing Director)
In&Out Producciones: Ana Zamarbide (CEO)
JCPL (Jerkin Crocus Promotions Ltd): Mick Brown (Agent)
I-Motion GmbH Events & Communication: Oliver Vordemvenne (CEO)
Just Because: Samuel Galley (Director, also of Ishtar Music), Kay Galley (Chief Marketing & Communication)
Just Life Music: Daniel Molina Morales (Head Promoter)
Karsten Jahnke Konzertdirektion GmbH: Ben Mitha (Managing Director)
Kontrapunkt-Konzerte (Counterpoint Concerts): Martin Blankenburg (CEO)
Konzertbuero Schoneberg GmbH (Germany): Andreas Moller (Head Promoter)
Kulturgipfel GmbH: Hilmar Koerzinger (CEO)
Landstreicher Booking & Landstreicher Konzerte: Christopher Moeller (CEO)
Live Music Production: Michael Drieberg (Managing Director)
MAAG Music & Arts AG: Fabian Duss (CEO)
MCT Agentur GmbH: Scumeck Sabottka (CEO)
MITUNSKANNMAN.REDEN. GmbH & Co. KG: Oliver Harms (Project Management and Ticketing), Max Paul (Event Manager), Thomas Schulz (Promoter)
Mundo Management s.a: Sanchez-Rando Leon (Contratacion)
Revolution Event GmbH: Michael Struber (Project Manager)
The Music Republic: Juan Carlos Gutiérrez (Director of Events)
Power Concerts GmbH: Arthur Theisinger (Managing Director)
Opus One SA: Vincent Sager (CEO)
The Project Music Company: Tito Ramoneda (Founder and CEO), Sandra Galindo (Management)
Universal Sounds: Daniel Hunziker (Managing Director)
Undercover GmbH: Michael Schacke (CEO)
VADDI Concerts GmbH: Marc Oßwald (Managing Director)
Zeitklang Event: Michael Richter (CEO)

Venues

Brighton Centre: Lindsey Scott (Ticketing & Customer Services Manager)
Capitol Betriebs GmbH: Thorsten Riehle (Managing Director)
Haus der Springmaus: Berit Baumhoff (Manager)
The O2: Veronica Kakuba (Head of Event Ticketing Operations)
SNG Opera in balet Ljubljana (The Ljubljana Opera House): Andrej Sraka (Musician)

Others

Michael Waterson: (author of the Waterson Review, an independent review of consumer protection measures concerning online secondary ticketing facilities, presented to UK Parliament May 2016)
RBR Abogados SL: Juan Luis Rodriguez (lawyer)
Raquel Andrade: (Executive officer at the Civil Service)
Turku Institute for Advanced Studies: Martin Cloonan (Director)
VWC: Vicky Kafetzi (Communications Professional)

MEPs to Debate New Rules to Build a Safer Internet

Posted on 19 January, 20223 February, 2022

Over the next couple of days the European Parliament will debate and vote on new rules as part of the upcoming Digital Services Act to create a safer and more transparent space for online users.

The new rules have the potential to significantly impact the ticket resale market which has long been plagued by online marketplaces that exploit consumers by providing misleading information and hosting illegal or invalid tickets to turn huge profits.

While the proposals put forward by the Committee on Internal Market and Consumer Protection (IMCO) are a big step in the right direction to improve transparency and accountability online, there are currently significant loopholes that could compromise the effectiveness of the Digital Services Act.

As such, FEAT urges MEPs to consider voting for the following amendments:

👉 Amendments 484, 515 and 548: Safeguarding fans against the reappearance of illegal products — a stay down provision is essential to ensure illegal products such as tickets do not reappear on marketplaces. In the case of illicit ticket resale, a simple keyword search would allow the marketplaces to identify illegally listed tickets for one event.

👉 Amendment 550: Making sure that due diligence requirements apply to all except micro businesses — ticket resale marketplaces come in all sizes and we see consumer abuses at all levels. It is therefore highly problematic that smaller enterprises would be exempt from basic due diligence requirements outlined in Chapter 3, leaving consumers vulnerable and companies open to exploit the rules.

👉 Amendment 512: Requiring marketplaces to verify information as to the identity of the seller through measures such as ID or bank document checks — ticket scalpers regularly use fake identities in order to sell fake or invalid tickets. A simple step such as an ID check is easy to implement and would have a significant impact on the number of fraudulent sellers listing tickets online.

FEAT Calls For Digital Services Act To Hold Marketplaces Accountable for Illegal Ticket Sales Online

Posted on 7 December, 20213 February, 2022

FEAT has co-signed a letter calling for the European Parliament to strengthen proposed rules on online platforms to better protect consumers as part of the upcoming Digital Services Act. Signatories include 22 other consumer and business associations.

The letter argues that the DSA in its current format is inadequate in protecting consumers and legitimate businesses from the trade of illegal goods and services, including counterfeit and fraudulent tickets, and fails to understand the reality of online commerce. It urges the body to “avoid adopting a framework that presents significant risks for both consumer protection and businesses’ viability and reputation”.

As it stands, the Digital Services Act looks set to offer an exemption for small and medium enterprises (SMEs) from certain due diligence obligations. In practice, this would merely encourage illegal traders to evade detection by moving to smaller platforms. While a waiver should still exist for micro-enterprises, the vast majority of Europe’s SMEs are still offline businesses, which have long been expected to meet their own set of diligence requirements.

In addition, the proposals ignore the vast and complex reality of online commerce by failing to hold all platforms that facilitate sales between traders and consumers to account. Limiting the scope of obligations such as the Know Your Business Customer obligation to marketplaces means that there will be limited accountability for selling on alternative platforms such as social media. This must be corrected by widening the scope of the forthcoming rules and increasing clarity about platform obligations and consequences.

The DSA as it currently stands is unsatisfactory. By making further adjustments, the Act can help consumers and small businesses trade online in a safe market no longer saturated with illegal trade.

You can read the full statement here.

FEAT signs joint statement calling on European Union to hold online marketplaces accountable for illegal activity

Posted on 12 October, 20213 February, 2022

FEAT has joined a list of 30 signatories on a joint statement penned by the European Consumer Organisation (BEUC) concerning the EU’s upcoming Digital Services Act.

Addressed to members of the European Parliament, Council and Commission, the statement calls for the Digital Services Act to set out “effective and unambiguous rules […] to tackle illegal activities and rogue traders”. It refers to the problems caused by secondary ticketing and includes evidence provided by FEAT in the form of nearly 60 major legal cases and initiatives involving secondary ticketing marketplaces that have taken place in Europe over the past few years.

The statement argues that self-regulation has failed and online marketplaces need to be held accountable for the transactions they facilitate in order to better protect consumers. This includes becoming liable when they fail to carry out basic due diligence or fail to put a stop to illegal activity on their site once they are aware of it. The letter also recommends marketplaces be required to set up a robust verification system for traders.

In the case of secondary ticketing, the Digital Services Act offers the opportunity to put a stop to the exploitation of fans at the hands of ticket touts, who are able to operate on ticket resale sites across Europe under a veil of anonymity.

Amendments to the Commission’s proposal for the Digital Services Act are currently in discussion, with the Parliamentary committee responsible preparing to vote on the final text it wishes to take forward.

You can read the full statement here.

Italian court upholds €3.7m viagogo fine for ticket touting, rules it is not a “passive hosting provider”

Posted on 23 April, 20213 February, 2022

An Italian court has rejected an appeal from viagogo against a €3,700,000 fine for hosting tickets sold in contravention of Italian law.

The judgment, which was handed down by the Regional Administrative Court of Lazio earlier this month, upholds a 2020 ruling brought by Italian Communications Regulatory Authority AGCOM sanctioning viagogo for listing tickets to 37 events at above face value between March and July 2019.

Italy’s 2017 Budget law states that tickets for entertainment events must only be sold by authorised ticket providers in Italy. However, consumers are permitted to sell unwanted tickets for a price equal to or less than the ticket’s face value.

The judges rejected viagogo’s argument that it was acting as a “passive hosting provider” by merely connecting resellers with potential buyers, which would exempt the resale platform from liability under Italian law implementing the E-Commerce Directive. Instead, viagogo was found to provide a range of services and promote and advertise tickets in a way that could not be considered to be carried out without any awareness or control on its part.

The Court pointed out that “The service provided by the viagogo… clearly does not have the characteristics of passive hosting, given that it clearly does not consist in the mere “storage of information”, but rather in the articulated activities of optimisation and advertising promotion of the titles on sale…. Nor has the appellant in any way substantiated the claim that such complex activities would be carried out by the platform in a completely automatic manner and without any awareness and/or possibility of control on its part”.

In a final dig, the court added that even if viagogo had qualified as a “passive hosting provider,” it would still not have benefited from the liability exemption afforded by the law as it did not act quickly to remove or disable access to the listings once notified by the competent authorities.

This important ruling is another step towards greater accountability of secondary ticketing platforms, which routinely profit from illegal ticket sales. It builds on consistent rulings against liability exemption as a passive hosting provider – from both the Italian Supreme Court (n. 7708 March 19, 2019. Mediaset vs Yahoo!) and European Court (C-324/09, L’Orèal v. eBay and C-236/08, Google v. Louis Vuitton). It comes as European legislators look at tightening the rules around platform liability, with particular regard to marketplaces — including the likes of viagogo.

FEAT Director Sam Shemtob said: “Uncapped secondary marketplaces such as viagogo have long been shielding under the liability exemption offered by EU law by claiming to have little to no knowledge of the activity taking place on their sites. It is time that they’re held responsible for the illegal activity they promote and profit from, both in Italy and across Europe”.