It was first held by the Authority that a televoting system can be regarded as a "product" in the sense of the unfair commercial practices regulations, and that the defendant should be regarded as a "trader".
Further, referring to the facts, the Authority quickly concludes that by omitting to give consumers sufficient information on the televoting mechanism and the possible interference of automatic mechanisms, the consumers are likely to take transactional decisions they would not have taken otherwise. Due to the failure to provide specific information on the actual configuration of the televoting system and the lack of a system preventing distortions, consumers were induced to believe that, by expressing a paid-for vote, they could influence the outcome of the show.
URL: http://www.agcm.it/consumatore/consumatore-delibere/open/C12560D000291394/FDC9DB7CA3D89825C125784D004C8FFE.html
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