New rules to be introduced by government decree will require people who
upload videos onto the Internet to obtain authorization from the Communications
Ministry similar to that required by television broadcasters, drastically
reducing freedom to communicate over the Web, opposition lawmakers have
warned.
The decree is ostensibly an enactment of a European Union (EU) directive on
product placement and is due to go into effect at the end of January after being
subjected to a nonbinding appraisal by parliament.
On Thursday opposition lawmakers held a press conference in parliament to
denounce the new rules -- which require government authorization for the
uploading of videos, give individuals who claim to have been defamed a right of
reply and prevent the replay of copyright material -- as a threat to freedom of
expression.
"The decree subjects the transmission of images on the Web to rules typical
of television and requires prior ministerial authorization, with an incredible
limitation on the way the Internet currently functions," opposition Democratic
Party lawmaker Paolo Gentiloni told the press conference.
Article 4 of the decree specifies that the dissemination over the Internet
"of moving pictures, whether or not accompanied by sound," requires ministerial
authorization. Critics say it will therefore apply to the Web sites of
newspapers, to IPTV and to mobile TV, obliging them to take on the same status
as television broadcasters.
"Italy joins the club of the censors, together with China, Iran and North
Korea," said Gentiloni's party colleague Vincenzo Vita.
The decree was also condemned by Articolo 21, an organization dedicated to
the defense of freedom of speech as enshrined in article 21 of the Italian
constitution. The group said the measures resembled an earlier government
attempt to crack down on bloggers by imposing on them the same obligations and
responsibilities as newspapers.
The group launched an appeal Friday entitled "Hands Off the Net," saying the
restrictive measures would mark "the end of freedom of expression on the Web."
The restrictions would prevent the recounting of the life of the Italians in
moving pictures on the Internet, it said.
The decree was also criticized by Nicola D'Angelo, a commissioner in the
Communications Authority, which would be likely to play a role in policing
copyright violations under the new rules. The decree ran contrary to the spirit
of the EU directive by extending the rules of television to online video
material, D'Angelo said in a radio interview.
He also expressed concern at the requirement for government authorization for
the uploading of videos to Internet. "Italy will be the only Western country in
which it is necessary to have prior government permission to operate this kind
of service," he said. "This aspect reveals a democratic risk, regardless of who
happens to be in power."
Other critics described the decree as an expression of the conflict of
interests of Silvio Berlusconi, who exercises political control over the state
broadcaster RAI in his role as prime minister and is also the owner of Italy's
largest private broadcaster, Mediaset.
They said the new copyright regulations would prevent Internet users from
sharing snippets of popular TV shows or goals from the Italian soccer league,
currently viewed online by millions of people.
Mediaset has successfully sued YouTube to obtain the removal of its copyright
material, in particular video from the reality show "Big Brother," from the
online video-sharing platform. A judge in a Rome civil court ordered the removal
of the material last month, and the new decree is seen as providing further
protection for Mediaset's online commercial interests.
Alessandro Gilioli, who writes a blog on the Web site of the weekly magazine
L'Espresso, said the decree was intended to squelch future competition for
Mediaset, which was planning to move into IPTV and therefore had an interest in
reducing the number of independent videos circulating on the Web.
"It's the Berlusconi method: Kill your potential enemies while they are
small. That's why anyone doing Web TV -- even from their attic at home -- must
get ministerial approval and fulfill a host of other bureaucratic obligations,"
Gilioli wrote. He said the government was also keen to restrict the
uncontrollable circulation of information over the Internet to preserve its
monopoly over television news.
Paolo Romani, the deputy minister responsible for drafting the decree,
insisted the text simply adopted the recommendations of the EU directive but
said the government was prepared to discuss modifications. The decree did not
intend to restrict freedom of information "or the possibility of expressing
one's ideas and opinions through blogs and social networks," Romani told the
ANSA news agency.
The Standard