Berlusconi's wiretapping law threatens online publishers

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Deutsch: Berlusconis Abhörgesetz bedroht Online-Medien


The Italian Parliament has resumed discussions on the very criticised governmental bill that would limit the publication of wiretaps in the news media, forcing at the same time websites to automatically publish corrections at request. But on 12 October 2011 the decision on the final text was postponed, after the paragraph 29 was amended so it will not apply to any blog.

The draft bill was approved by the Senate in June 2011 but has been put aside due to strong criticism from civil society. However, Prime Minister Silvio Berlusconi, who would directly benefit from the law, has succeeded in inserting the draft bill on the agenda of the Chamber of Deputies a few days after it was approved by a legislative committee on 5 October, with very minor changes.

"The latest amendments make no difference," Reporters Without Borders said adding: "Restricting the publication of tapped phone conversations in the media to this degree would gravely impede investigative journalism. It has all the hallmarks of a crude and dishonest device for gagging the media. It also has a distinctly political dimension. The government is trying to cover up the prime minister's sex scandals, many of which have been exposed by the publication of phone transcripts."

The bill says that the media can publish a transcript from a telephone tap only if judges or lawyers consider it is not "essential for proving the guilt or innocence" of the person under investigation. The publication of any "inappropriate" phone tap material would be punishable by 6 months to 3 years in prison or a fine of 10 000 euro for a reporter and of up to 300 000 euro for an editor.

Many journalists and bloggers demonstrated against the bill on 5 October in Rome. During three days, between 5 and 7 October, Wikipedia blocked access to all entries in its Italian-language version in protest against the bill "The obligation to publish on our site corrections required by the law, without even the right to discuss and verify the claim, is an unacceptable restriction of the freedom and independence of Wikipedia."

"Wikipedia Italy is on strike against an idiotic proposed law," said Jimmy Wales, co-founder of Wikipedia, who considers that as Italy already has very good laws against defamation, the proposed bill "overreaches dramatically. I have never heard of any law like it anywhere else in the world."

Now, the entire draft law has been apparently postponed until November.

Draft Italian bill on wiretapping (only in Italian, 6.10.2011)
http://www.senato.it/leg/16/BGT/Schede/Ddliter/35538.htm

Investigative reporters and websites again threatened by proposed "gag law" (7.10.2011)
http://en.rsf.org/investigative-reporters-and-07-10-2011,41145.html

Blackout in Italy: "The first time Wikipedia worldwide has done anything of this kind" (6.10.2011)
http://www.niemanlab.org/2011/10/blackout-in-italy-the-first-time-wiki...

A Summit on wiretapping, Berlusconi wants to reopen the game (only in Italian, 13.10.2011)
http://www.repubblica.it/politica/2011/10/13/news/ddl_intercettazioni-...

Wiretapping bill in November: a standard against websites and blogs today? (only in Italian, 14.10.2011)
http://www.webmasterpoint.org/news/ddl-intercettazioni-a-novembre-norm...

Wiretapping bill in November, a brief limitation (only in Italian, 14.10.2011)
http://www.ilsole24ore.com/art/notizie/2011-10-14/intercettazioni-nove...