Re: <nettime> webzine national censorship in Italy

["Content-Wire.com" <PGalaxy@compuserve.com>]

Chiara, Nettimers

Thanks for continuing the discussion.

We do not know who the author of the article is, but I presume that she has
some good  legal qualifications . While I appreciate her suggested
interpretation, I think it shows partly where the problem is. You need to
be well motivated and ready to study several years before you can offer,
with confidence, an interpetation on such a matter.

Does the lady in question sit in court?  Either way, how do we know that
she is going to sit in court the day that we decide to publish some kind of
official truth on the internet. Will she defend the online publisher for
speaking what others do not dare?  Will she want to do so, or will she able
to do so?  What are her legal costs? (Just wondering)

The whole article if someone is wondering what it is going on about, is
just saying 'the legislation is not very adequate, we agree,  but it does
not mean that those who publish a newsletter online  will end up paying a
fine or imprisonment.  The dramatic interpretation that we heard about so
far is excessive' That's a  typical italian trick to make things
incomprehensible to cover up their scams. That's why the judiciary
inquests, including the ones where Mr Berlusconi in still involved, go on
for years  and do not end up anywhere.  I am sure that this email
demostrates to everyone on the list what kind of problems Italy has.

The law must be open to interpretation to accommodate for context and other
factors , but the bottom lines of my (personal) argument are the following

1)  the press  (In Italy and elsewhere)  is censored directly and
indirectly - Journalists cannot say what they think

 a) because they lose their jobs (I have witnesses)

 b) because competence is limited and those who have competence do not have
jobs as journalists, thats a fact

 c) because the press is used by the system as a tool for propaganda, and
there are mechanisms within the profession to ensure that's the only way
you get a job.  (evidence available upon request)


2) The legislation that regulates online affairs does not take into account
new internet realities, in particular the actual flow of information . The
simple posting to this newsletter about this item has been sufficient to
create a huge interest. Now it is emerging that it's okay to post online
newsletters for anyone, fine, great.  It means that somebody backside is
starting to feel the heat. Good.

Why not issue a simple. express  decree that says 'anyone who wishes to
start an online newsletter or publication is free to do so, and perhaps
issue a set of voluntary guidelines to follow '

why not make the law very simple for anyone to handle, so that in case of
doubt the online publisher (accidental or other) know what their full
rights are?


********
Either way, it was worth kicking the  fuss, if opening the discussion
started the debate and clarified the position at least we do not risk
misunderstandings. that's what we want.  Let me have the copy of the decree
when the draft is ready, I am always happy to give a free consultation to
my country. 

Cheers

Paola Di Maio
content-wire.com

==================================
Paola Di Maio
Managing  Editor
www.content-wire.com

=================================
At home in the content universe


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