Friday, October 7, 2011

Italian Politicians Fail "Free Press" Quiz

Wikipedia Closes -- May Delete – Italian Language Section
By Tiffany Kaiser, October 5, 2011 at DailyTech.com

A proposed law in Italy could force Wikipedia to change its content without an evaluation if the content in
question offends an applicant

Wikipedia has announced that its Italian language version of the free online encyclopedia may be deleted due to a new law proposal in Italy.

The law proposal, called "DDL intercettazioni" (Wiretapping Act), states in paragraph 29 that all websites will be required to publish a correction of any content that an applicant perceives as damaging to his/her image. The correction must be made within 48 hours of the request, and there is no investigation by an impartial third-party or judge to determine if the request should be carried out -- just an opinion from an applicant will do.

This proposed law, which is currently being debated by the Italian Parliament, will affect websites such as blogs and online newspapers, and could force Wikipedia to alter its content as well.

Wikipedia's problem with the new law is that the applicant's request cannot be argued, and that it must change content on its pages regardless of the truthfulness of the information the applicant perceived as offensive.

"With this announcement, we want to warn our readers against the risks arising from leaving to the arbitrary will of any party to enforce the alleged protection of its image and its reputation," said Wikipedia on its Italian language site. "Under such provisions, web users would be most probably led to cease dealing with certain topics or people, just to 'avoid troubles.'"

Wikipedia prides itself as a neutral and independent free encyclopedia, saying that the reputation of any individual or party is already protected under Article 595 of the Criminal Code, which details punishment for defamation.

The Italian language area of the site still exists, but is hidden for now and will be deleted if the proposed law is passed.

http://www.dailytech.com/Giving+the+Boot+The+Boot+Wikipedia+Closes+May+Delete+Italian+Language+Section/article22930.htm

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BLOG AUTHOR’S COMMENT

This is living proof that continental Europeans still don’t understand freedom, even after they have had it handed to them in 1945.

In 1735 there was a court case in New York about slander. The court decided that a published article, now matter how damaging, was not slander if the facts were true.

This redefined slander as false and damaging publication rather than merely damaging. This is the root of the modern system of the free press, as expressed in America’s first amendment to the Constitution.

It goes back to 1735 at the New York court house on Wall Street. The present building has a plaque commemorating the case. Directly across the street stands the New York Stock Exchange. Think about that.  Remote stock ownership simply isn’t possible on a large scale without a free press that can publish true yet negative information without worrying about lawsuits.

A clear and detailed explanation of the 1735 case is available at:

http://law2.umkc.edu/faculty/projects/ftrials/zenger/zengeraccount.html

In Italy, and elsewhere in continental Europe, they just don’t understand this at all. For those who "get it," I’ll see you at the Black Horse Tavern.

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