If you are wondering “Is torrenting legal in Italy in 2026?”, the short answer is: torrenting technology itself is not illegal, but using torrents to download or share copyrighted material without authorization can violate Italian copyright law.
BitTorrent is simply a peer-to-peer (P2P) file-sharing technology. It can be used to distribute completely legal material such as Linux distributions, open-source software, public-domain works, independent projects, and files released with permission.
The legal problem arises from what you download, reproduce, or share, rather than from the BitTorrent protocol itself.
Italy has a long-standing copyright framework based primarily on Law No. 633 of April 22, 1941, on the Protection of Copyright and Neighboring Rights, which has been amended numerous times. The current text contains rules covering unauthorized reproduction, making works available online, software, file sharing, and administrative and criminal sanctions.
This guide explains torrenting laws in Italy in 2026, including downloading, uploading, seeding, movies, music, games, software, VPNs, private trackers, penalties, and legal alternatives.
Important: This article provides general information, not individualized legal advice. Copyright rules can depend on the exact conduct, type of work, authorization, commercial purpose, and circumstances.
Is Torrenting Illegal in Italy?
No. Torrenting itself is not illegal in Italy.
BitTorrent is a technology that allows computers to exchange pieces of data directly with one another. There are many completely legitimate uses for this technology.
For example, a software developer might distribute a large open-source operating system through BitTorrent because P2P distribution can reduce server bandwidth requirements.
The legal question is therefore not:
“Did you use a torrent?”
The more important questions are:
- What content did you download?
- Was it protected by copyright?
- Did you have permission to download it?
- Did you make the content available to other users?
- Was the activity personal or commercial?
- Did you reproduce or distribute the work without authorization?
Italian copyright law protects creative works and establishes restrictions on unauthorized reproduction and making protected works available through telecommunications networks.
Torrenting Technology vs. Copyright Infringement
It helps to separate the technology from the activity.
| Activity | General legal position in Italy |
|---|---|
| Using BitTorrent software | Legal |
| Downloading an open-source Linux distribution | Legal |
| Sharing your own files through BitTorrent | Generally legal |
| Downloading public-domain material | Generally legal |
| Downloading an authorized torrent | Legal |
| Downloading an unauthorized copyrighted movie | Potentially unlawful |
| Sharing copyrighted material without authorization | Potentially unlawful and more serious |
| Seeding unauthorized copyrighted material | Can create additional copyright concerns |
| Downloading pirated software | Unlawful and potentially subject to specific software provisions |
The exact consequences depend on the circumstances.
What Law Governs Torrenting in Italy?
Italy’s principal copyright legislation is Law No. 633/1941, commonly referred to as the Italian copyright law.
The legislation protects copyright and neighboring rights and contains both civil and penal provisions.
AGCOM, the Autorità per le Garanzie nelle Comunicazioni, also has responsibilities concerning online copyright protection. AGCOM explains that its copyright framework operates under Law No. 633/1941, Legislative Decree No. 70/2003, and other legislation concerning online services.
The framework has been updated over time, including changes related to online piracy and audiovisual content.
Article 171
Article 171 covers several forms of unauthorized use of protected works.
The current version, in force from October 10, 2025, includes provisions concerning unauthorized reproduction and making protected works available to the public through telecommunications networks.
This matters for torrenting because BitTorrent is fundamentally based on sharing pieces of files between users.
Article 171-bis and Software
Italian law has specific provisions concerning computer programs.
Article 171-bis addresses certain unauthorized duplication, distribution, commercial possession, and related conduct involving computer programs, with penalties that can include imprisonment and fines when the statutory conditions are met.
This is one reason pirated software, cracks, keygens, and unauthorized copies of commercial programs can carry additional legal risks beyond an ordinary personal media download.
Article 171-ter
Article 171-ter contains more serious provisions concerning unauthorized reproduction, transmission, distribution, and related activities involving protected works, particularly when statutory conditions such as profit or non-personal use are present.
The current text provides, in specified circumstances, imprisonment of six months to three years and fines of €2,582 to €15,493.
This does not mean every person who downloads a torrent faces these penalties. The specific legal requirements of the relevant provision matter.
Is Downloading Torrents Legal in Italy?
It depends on the content and your authorization to use it.
Downloading a torrent containing content that you are legally entitled to obtain is generally not a copyright problem.
For example:
- A Linux distribution officially distributed through BitTorrent
- Your own files
- Public-domain material
- Software released under an open-source license
- Creative Commons material where the license permits the download
- Content distributed by the copyright owner
The situation changes when a torrent provides unauthorized copies of copyrighted material.
What About Personal Use?
This is an area where people often oversimplify Italian law.
You may encounter claims online that “personal use makes torrenting legal in Italy.” That is too broad.
Italian copyright law contains specific provisions concerning unauthorized use of protected works and personal use does not create a blanket exemption allowing any copyrighted material to be downloaded without permission.
Article 174-ter provides an administrative sanction of €154 for certain unauthorized uses, reproductions, or acquisition of protected material when the conduct does not fall under the specified criminal provisions. It also provides for confiscation and publication-related sanctions; the amount can increase in cases of recidivism or serious circumstances.
Therefore, “I only downloaded it for myself” is not the same thing as “Italian law says it is legal.”
What Happens When You Download a Torrent?
Understanding BitTorrent is important because downloading and uploading can happen simultaneously.
Suppose you download a movie through BitTorrent.
Your torrent client may:
- Connect to other peers.
- Receive pieces of the file.
- Verify those pieces.
- Store them on your computer.
- Upload pieces you already possess to other peers.
This is one of the biggest differences between ordinary direct downloading and BitTorrent.
Downloading vs. Uploading
A simplified example:
Traditional download:
Server → You
BitTorrent:
Peer A ↔ Peer B ↔ Peer C ↔ You
Your computer may therefore become a source of pieces for other participants while the download is still in progress.
That is why seeding and file sharing matter when discussing the legal risks of torrenting.
Is Seeding Illegal in Italy?
Seeding unauthorized copyrighted material can create copyright infringement issues.
When a torrent finishes downloading, your client can continue uploading pieces to other participants.
This is known as seeding.
If the underlying content is legally distributed, seeding is generally not a copyright problem.
For example:
- Seeding an open-source operating system → generally legal
- Seeding your own files → generally legal
- Seeding an authorized public-domain collection → generally legal
- Seeding an unauthorized commercial movie → potentially unlawful
The important distinction is not simply whether the client says “Seeding.”
The important question is what is being shared and whether you are authorized to share it.
Why Is Torrenting Associated With Piracy?
BitTorrent has legitimate applications, but it became strongly associated with copyright infringement because P2P networks have historically been used to distribute unauthorized copies of:
- Movies
- TV shows
- Music
- Video games
- Books
- Software
- Applications
- Sports content
The technology itself does not determine whether something is lawful.
It is similar to other general-purpose technologies: the legal status depends on how the technology is used.
AGCOM’s copyright framework covers digital works including audiovisual, musical, photographic, videogame, literary, editorial, application software, and operating-system content.
Is Torrenting Movies Legal in Italy?
Torrenting a movie is not automatically illegal simply because it uses BitTorrent.
If the movie is:
- Public domain
- Licensed for free distribution
- Released under an appropriate Creative Commons license
- Distributed by the copyright owner
- Otherwise authorized for torrent distribution
then downloading it can be legitimate.
However, downloading a copyrighted movie from an unauthorized torrent source can constitute copyright infringement.
The same applies to:
- Hollywood movies
- Italian films
- European films
- Anime
- Documentaries
- TV series
What About Newly Released Movies?
A common misconception is:
“If a movie is available online, downloading it is legal because I am not selling it.”
That is not a reliable legal rule.
Copyright holders generally control important rights involving reproduction and making protected works available to the public.
The absence of payment does not automatically make unauthorized copying lawful.
Is Torrenting Music Legal in Italy?
The same principle applies to music.
Downloading a music album through BitTorrent can be legitimate if the rights holder has authorized the distribution.
Examples include:
- Free music released by an independent artist
- Public-domain recordings where the relevant rights have expired
- Openly licensed music
- Official promotional downloads
- Artist-authorized torrent distributions
Downloading unauthorized copies of commercially protected music is different.
What About One Song?
The fact that you download only one song does not automatically make unauthorized downloading legal.
Copyright protection applies to individual works as well as larger collections.
Is Torrenting Games Legal in Italy?
Downloading a game through BitTorrent is not automatically illegal.
Some developers distribute games through torrents or permit community redistribution.
However, downloading an unauthorized copy of a commercial game can violate copyright law.
This includes torrents containing:
- Full commercial games
- Pirated releases
- Unauthorized repacks
- Cracked versions
- Modified unauthorized copies
What About Cracks and Keygens?
Cracks and keygens deserve additional caution.
They may involve both copyright and software-protection issues, and they can also create serious cybersecurity risks.
Italian law has specific provisions concerning unauthorized duplication and distribution of computer programs and tools designed to circumvent protection mechanisms.
From a security perspective, cracks and keygens are also a common way for malware to be disguised as legitimate software.
Is Torrenting Software Legal in Italy?
It depends on the software and the license.
Usually Legal
Examples include:
- Linux distributions
- Open-source applications
- Publicly licensed software
- Developer-authorized torrent releases
- Software explicitly distributed through BitTorrent by its publisher
Potentially Illegal
Examples include:
- Pirated commercial applications
- Unauthorized copies of paid software
- Cracked installers
- Unauthorized activation tools
- Commercial software distributed without permission
Software is specifically addressed by Italian copyright law, including Article 171-bis.
Are Public-Domain Torrents Legal in Italy?
Generally, yes.
Public-domain works are not protected by copyright in the same way as currently protected works.
However, be careful with the distinction between:
“This work is old”
and
“This particular copy or recording has no applicable rights.”
Copyright can apply differently to:
- Original works
- Translations
- New editions
- Performances
- Recordings
- Restorations
- Adaptations
Therefore, verify the legal status of the specific material rather than assuming that anything old is automatically free of rights.
Are Open-Source Torrents Legal?
Generally, yes, when used according to the applicable license.
Many open-source projects permit users to download, copy, and redistribute software.
BitTorrent can be an efficient distribution mechanism for large software packages.
For example, a Linux distribution may officially provide torrent files because thousands of users can exchange pieces of the same large download.
This is one of the clearest examples of legal torrenting.
What About Creative Commons Torrents?
Creative Commons does not mean:
“Do anything you want.”
Different Creative Commons licenses impose different conditions.
Depending on the license, you may need to:
- Give attribution
- Share adaptations under the same license
- Avoid commercial use
- Avoid distributing modified versions
- Follow other specified conditions
Always check the actual license before redistributing Creative Commons material.
Does Italy Have an Anti-Piracy Authority?
Yes.
AGCOM — Autorità per le Garanzie nelle Comunicazioni — has significant responsibilities relating to online copyright protection.
AGCOM operates a regulatory framework for copyright protection on electronic communication networks and has powers concerning online piracy.
However, there is an important distinction for torrent users.
Does AGCOM Directly Fine Every Torrent User?
Not through the specific AGCOM online copyright regulation.
AGCOM’s own FAQ states that the regulation does not contemplate orders addressed to end users, whether they are downloading, streaming, or uploading. It also explicitly excludes peer-to-peer applications and programs from the scope of that particular regulation.
That does not mean copyright infringement through BitTorrent is legal.
It simply means that AGCOM’s particular administrative blocking procedure should not be confused with the entire Italian copyright enforcement system.
Other legal mechanisms and authorities can apply depending on the circumstances.
What Is Piracy Shield in Italy?
Italy has also developed Piracy Shield, an automated platform associated with AGCOM’s online anti-piracy enforcement.
The system was initially introduced for live sporting events and was later expanded.
AGCOM states that its July 2025 Delibera 209/25/CONS extended precautionary measures and the use of Piracy Shield to all live audiovisual content, not only live sports.
Piracy Shield primarily concerns the blocking of access to identified resources and service providers rather than functioning as a system that automatically issues a fine to every individual torrent downloader.
Does Piracy Shield Make Torrenting Illegal?
No.
Piracy Shield does not make BitTorrent itself illegal.
Its existence does, however, demonstrate that Italy has strengthened its online anti-piracy enforcement infrastructure.
Can Italian Authorities See Your Torrent Activity?
Potentially, yes.
BitTorrent is a peer-to-peer network, meaning participating computers communicate directly with other participants.
A peer may be able to observe network information such as:
- Your public IP address
- Your torrent participation
- Connection information
- Port information
- Data exchanged with that peer
An IP address can generally identify your internet connection and ISP and may provide an approximate geographic location.
However, an IP address by itself does not automatically reveal your name, exact home address, passwords, or all of your internet activity.
Does a Torrent Expose Your IP Address?
Potentially, yes.
Because BitTorrent involves direct peer connections, your public IP address can be visible to other participants in the swarm.
This is one reason torrenting is different from simply visiting a normal website.
Does a VPN Make Torrenting Legal in Italy?
No.
A VPN can change the privacy characteristics of your internet connection, but it does not change copyright law.
For example:
Copyrighted movie + unauthorized torrent + VPN
does not become:
Legal movie download
simply because a VPN was used.
A VPN may potentially hide your normal public IP address from other torrent peers and route your traffic through the VPN provider’s infrastructure.
But it does not give you copyright permission.
What a VPN Can Potentially Do
A VPN may:
- Hide your normal public IP from torrent peers
- Encrypt traffic between your device and the VPN server
- Reduce some direct visibility of destinations from your ISP
- Provide an additional privacy layer
What a VPN Cannot Do
A VPN cannot:
- Make piracy legal
- Give you copyright permission
- Remove malware from a torrent
- Make you completely anonymous
- Guarantee that nobody can identify you
- Prevent every possible legal investigation
Are Private Torrent Trackers Legal in Italy?
A private torrent tracker is not automatically legal or illegal simply because it is private.
The same copyright principles apply.
A private community could legitimately distribute:
- Open-source software
- Public-domain content
- User-created material
- Authorized releases
But a private tracker distributing unauthorized copyrighted movies, music, games, or software can still involve copyright infringement.
Private does not mean legally protected.
Is Torrenting Italian Movies Illegal?
Not necessarily.
The nationality of the movie does not determine whether torrenting it is legal.
An Italian movie can be:
- Public domain
- Openly licensed
- Officially distributed
- Authorized for torrent distribution
- Protected and unauthorized to share
The same principle applies to movies from the United States, United Kingdom, France, India, Japan, or anywhere else.
Is Torrenting Netflix, Disney+, or Other Streaming Content Legal?
If a copyrighted movie or series is available through a legitimate streaming service, that does not automatically give users permission to copy and redistribute it through BitTorrent.
A subscription generally provides access according to the service’s license and terms.
It does not automatically grant a right to create and distribute unauthorized torrent copies.
What About Downloading Something You Already Own?
This is another area where online advice can become too simplistic.
People sometimes say:
“If I bought the DVD, I can download any torrent copy of the same movie.”
That is not a blanket rule.
Copyright law contains specific exceptions and rules concerning reproduction and private use, and their application depends on the circumstances.
Owning a legitimate physical copy does not automatically mean that every unauthorized internet copy is freely available for download and redistribution.
If the legal status of a particular backup or reproduction matters to you, professional legal advice is appropriate.
Can You Be Fined for Torrenting in Italy?
Potentially, depending on what you do.
There is no single universal “torrent fine.”
Italian copyright law contains different administrative and criminal provisions.
For certain unauthorized uses of protected material, Article 174-ter provides an administrative penalty of €154, together with accessory measures such as confiscation; the amount can increase in certain cases.
Other forms of copyright infringement can fall under different provisions with substantially more serious penalties.
For example, Article 171-ter provides imprisonment and fines for specified unauthorized activities involving protected works when its statutory conditions are met.
Therefore, it is misleading to say:
“Torrenting in Italy always results in a €154 fine.”
That is not how the law works.
The consequences depend on the specific conduct and applicable legal provision.
Can Seeding Make the Situation More Serious?
Potentially.
A torrent client can simultaneously:
- Download pieces
- Upload pieces
- Continue uploading after completion
If the underlying material is unauthorized copyrighted content, uploading or making that content available to others can create additional legal issues.
This is particularly important because some users think:
“I only downloaded it.”
With BitTorrent, that may not accurately describe what the software was doing.
Example
Suppose you download an unauthorized movie.
While downloading, your client uploads pieces to other peers.
After reaching 100%, you continue seeding.
Those activities involve different aspects of copyright law and should not automatically be treated as equivalent to a simple one-way download.
Does Downloading Without Seeding Make Torrenting Legal?
No.
Stopping a torrent from seeding does not give you permission to download unauthorized copyrighted material.
It may change what your computer is doing on the network, but it does not change the copyright status of the underlying content.
The key issue remains:
Were you authorized to reproduce or obtain the work in that way?
Is Torrenting Legal if the Copyright Owner Does Not Complain?
The absence of a complaint does not automatically make the activity legal.
Copyright exists independently of whether a particular rights holder immediately takes action.
Similarly, the fact that a torrent has:
- Thousands of seeds
- Millions of downloads
- Positive comments
- A verified-looking uploader
- A private tracker
does not establish that the content is legally authorized.
Does a Private Tracker Make Torrenting Legal?
No.
A private tracker can control membership and impose community rules, but it cannot override Italian copyright law.
For example:
Private tracker + unauthorized movie = still potentially infringing
while:
Private tracker + authorized open-source software = potentially completely legitimate
The legal status comes from the content and rights, not the tracker’s membership system.
Is Torrenting Safe in Italy?
Legal and cybersecurity safety are two different questions.
Even when torrenting itself is lawful, the downloaded file could still contain malware.
Common risks include:
- Fake installers
- Malware
- Ransomware
- Password stealers
- Cryptominers
- Malicious scripts
- Fake codecs
- Cracks and keygens
- Dangerous browser extensions
- Trojanized software
A torrent’s seed count does not prove that the files are safe.
Safer Legal Torrenting Practices
If you use torrents for legitimate content:
- Use the publisher’s official torrent source whenever possible.
- Use a reputable BitTorrent client.
- Keep your operating system updated.
- Keep security software enabled.
- Check file extensions before opening files.
- Be cautious with executable files.
- Verify official hashes when provided.
- Avoid cracks and keygens.
- Do not disable antivirus software simply because a download tells you to.
- Keep backups of important files.
What Torrent Content Is Clearly Safer From a Copyright Perspective?
A good starting point is content whose distributor explicitly gives you permission to download and redistribute it.
Examples include:
Open-Source Software
Many open-source projects permit redistribution under their licenses.
Linux Distributions
Some Linux distributions officially provide torrent downloads.
Public-Domain Material
Works that are genuinely in the public domain can generally be redistributed, subject to issues involving particular editions, recordings, or adaptations.
Creative Commons Content
Content can often be redistributed according to its specific Creative Commons license.
Your Own Files
If you own the rights and have authority to distribute the files, you can use BitTorrent as a distribution method.
A Simple Legal Torrenting Checklist for Italy
Before downloading a torrent, ask these questions:
Step 1: What Is the Content?
Is it:
- Software?
- Movie?
- Music?
- Book?
- Game?
- Dataset?
- Operating system?
- Personal file?
Step 2: Who Owns the Rights?
Identify the copyright owner or distributor.
Step 3: Is Torrent Distribution Authorized?
Look for an official statement or license allowing distribution.
Step 4: Is It Public Domain?
If someone claims it is public domain, verify the claim.
Step 5: Is There a License?
Check whether the license permits downloading and redistribution.
Step 6: Will Your Torrent Client Upload the Content?
Remember that BitTorrent normally involves two-way peer connections.
Step 7: Is the Source Trustworthy?
Even legal torrents can contain fake or malicious files.
Step 8: Is the Content Commercially Copyrighted?
If it is a current commercial movie, game, album, or application being distributed without permission, treat it as a major warning sign.
Legal vs. Potentially Illegal Torrenting in Italy
| Example | General position |
|---|---|
| Linux torrent from official project | Generally legal |
| Your own files | Generally legal |
| Public-domain work | Generally legal |
| Authorized Creative Commons content | Depends on license; often legal |
| Authorized movie torrent | Legal |
| Unauthorized commercial movie | Potentially unlawful |
| Unauthorized TV series | Potentially unlawful |
| Unauthorized music | Potentially unlawful |
| Pirated commercial game | Potentially unlawful |
| Cracked commercial software | Potentially unlawful and may trigger specific software provisions |
| Seeding unauthorized copyrighted material | Potentially unlawful |
| Private tracker containing unauthorized works | Not automatically legal |
| Using a VPN for unauthorized torrenting | Still potentially unlawful |
Common Myths About Torrenting in Italy
Myth 1: “Torrenting is completely illegal.”
False.
BitTorrent is a technology with many legitimate applications.
Myth 2: “Torrenting is always legal for personal use.”
False.
Personal use does not create a blanket permission to download any copyrighted work.
Myth 3: “A VPN makes torrenting legal.”
False.
A VPN is a privacy and networking tool, not a copyright license.
Myth 4: “Private trackers are legal.”
False.
Private access does not override copyright law.
Myth 5: “If the torrent has thousands of seeds, it must be legal.”
False.
Popularity does not establish authorization.
Myth 6: “If I own the movie, I can download any torrent copy.”
Not necessarily.
Copyright exceptions and reproduction rights have specific legal conditions.
Myth 7: “AGCOM automatically fines everyone who torrents.”
False.
AGCOM’s own FAQ says its specific online copyright regulation does not issue orders to end users and explicitly excludes peer-to-peer applications from that regulatory procedure.
Myth 8: “Piracy Shield means BitTorrent is banned in Italy.”
False.
Piracy Shield is an anti-piracy enforcement platform; it does not make the BitTorrent protocol itself illegal.
Is Torrenting Legal in Italy in 2026? Quick Answer
Here is the simplest way to understand the situation:
Torrent technology: Legal.
Legal torrent content: Legal when you have the necessary rights or authorization.
Unauthorized copyrighted content: Potentially unlawful.
Downloading pirated movies: Potentially unlawful.
Downloading pirated music: Potentially unlawful.
Downloading pirated games: Potentially unlawful.
Downloading cracked software: Potentially unlawful and subject to specific software-related provisions.
Seeding unauthorized copyrighted content: Potentially unlawful.
Private trackers: Not automatically legal.
VPNs: Legal technology, but they do not make copyright infringement legal.
AGCOM: Has important online copyright enforcement responsibilities, but its specific administrative regulation does not directly issue orders to end users and excludes P2P applications from that procedure.
Frequently Asked Questions
Is BitTorrent legal in Italy?
Yes. BitTorrent itself is legal. The legal issue depends on the content being distributed and whether you have permission to reproduce or share it.
Is downloading torrents illegal in Italy?
Not automatically. Downloading an authorized or freely licensed torrent can be completely legal. Downloading unauthorized copyrighted content can create legal problems.
Can I torrent Linux in Italy?
Yes, when downloading from an authorized source and following the applicable license.
Is torrenting movies illegal in Italy?
It depends on authorization. An authorized or public-domain movie can be legally distributed through BitTorrent. An unauthorized copy of a copyrighted commercial movie can be unlawful.
Is torrenting games illegal in Italy?
Unauthorized copies of copyrighted commercial games can create copyright issues. Games distributed by their rights holders or under licenses permitting redistribution are different.
Is downloading pirated software illegal in Italy?
It can be unlawful, and Italian law contains specific provisions concerning unauthorized duplication and distribution of computer programs.
Can I use a VPN while torrenting in Italy?
Using a VPN is not itself prohibited simply because you are torrenting. However, a VPN does not legalize unauthorized copyright infringement.
Can a VPN hide my torrent IP address?
A properly configured VPN can potentially make your VPN server’s IP visible to torrent peers instead of your normal public IP. However, configuration problems, leaks, split tunneling, or connection failures can affect this.
Does Italy block torrent websites?
Italian authorities have mechanisms for online copyright enforcement and blocking certain infringing resources. Piracy Shield has also been expanded to live audiovisual content.
Can AGCOM fine me simply for downloading a torrent?
Do not assume that AGCOM’s website-blocking/copyright regulation works as an automatic fine system for individual torrent users. AGCOM expressly states that its regulation does not issue orders to end users and excludes peer-to-peer applications from that specific framework.
Is torrenting legal if nobody complains?
The absence of enforcement does not automatically make unauthorized copying legal.
Is seeding legal?
Seeding legally authorized material is generally fine. Seeding unauthorized copyrighted material can create copyright infringement issues.
Final Thoughts
So, is torrenting legal in Italy in 2026?
Yes, torrenting technology itself is legal. What matters is how you use it and what you share.
Using BitTorrent to download or distribute authorized content, open-source software, public-domain material, or files you have permission to share can be perfectly legitimate.
The situation is very different when BitTorrent is used to obtain or distribute unauthorized copies of copyrighted movies, music, games, books, software, or other protected works.
Italy’s copyright framework contains administrative and criminal provisions addressing different types of unauthorized use, reproduction, distribution, and online availability.
At the same time, it is important not to confuse AGCOM’s online anti-piracy procedures with a blanket prohibition on BitTorrent. AGCOM itself states that its particular regulation does not issue orders to end users and excludes peer-to-peer applications from its scope.
The safest rule is simple:
Torrenting is a technology. The legality depends on the content, your rights to use it, and what you do with it.
If you want to use BitTorrent in Italy, stick to authorized, licensed, public-domain, open-source, or otherwise legally distributable content and do not assume that a VPN, private tracker, or large number of seeds makes unauthorized content legal.
