The debate about freedom of expression on the internet has heated up again in Italy, following the online response to the appalling attack on Silvio Berlusconi. Over the past few days, social networking sites have been filled with groups, many now closed, supporting either Berlusconi or his assailant, Massimo Tartaglia. Strong incitement to violence has been coming from both sides.
Italian politicians within Berlusconi's party say that the web reflects a "climate of hatred" that "dissident" journalists – with their constant attacks on the government – must take the blame for. Tighter regulations have been announced to "provide judges with further tools to prosecute web criminals", said Italian interior minister Roberto Maroni. He is due to present a new proposal aiming to punish those who, by writing their opinions on the internet, "engage in incitement to crime or the condoning of criminal acts". This is likely to be a set of new ways to control expression on the internet using judiciary power.
Does control mean censorship? Maroni says it doesn't. Yet there's a fine line separating one from the other. It risks being crossed if an opinion written on a social networking website can lead to prosecution. While it may be true that nothing on the net can be truly considered private, what's written on a Facebook profile, for instance, is still a personal opinion, even when it involves hatred, and as such it should not be censored or regarded as criminal. While it's fair to punish incitement to crime and the condoning of criminal acts – and Italy already has laws to do that – measures limiting freedom of online expression risk breaking an important principle and ruining the reputation of the net as a free space. It's worth remembering that the internet is not only a place where anger is expressed. It's also a space where civil society has discussed democracy. Controversial landmark rulings in various European countries' courts have already created doubt about whether the internet is to be left free.
It's inevitable that in a democracy where anyone can express their opinions, some of them will say things that aren't pleasant or fair, yet democracies normally let this happen and carry on, after punishing, if necessary, the individual involved. This also seems to be the philosophy behind EU regulations. Recently, the European parliament approved a new set of directives, called the telecoms package. "It is the first time that a judicial text refers to the use of the internet as the exercise of fundamental rights and freedoms," said parliament rapporteur Catherine Trautmann.
A note from the European parliament states that, according to the new regulations, internet access may only be cut off if "appropriate, proportionate and necessary within a democratic society" and only after "a prior, fair and impartial procedure" that gives users the opportunity to state their case and respects "the principle of presumption of innocence and the right to privacy". This law reinforces the principle that the internet is a space within which everyone, while still subject to criminal laws, has the right to freedom of expression.
But Italy seems to be going somewhere else. What the government seems to be willing to do is not far from recently approved French legislation known as the Hadopi law. Under the law, which deals especially with web piracy, an internet connection can be suspended for illegal activity. It's still not clear whether the Hadopi law will need to be changed to comply with the European telecoms package. It's likely to come into conflict with it by denying the principle of a fair proceeding before punishing a web offence. Viviane Reding, the EU's communications commissioner, confirmed that the EU telecoms package aims to prevent internet connections being cut off without due process. Referring to the same issue during a recent conference in Spain, she warned José Luis Rodríguez Zapatero's government not "to run into conflict with the European commission" over the way internet offences are dealt with.
When the European parliament is approving directives threatening existent regulations that limit internet freedom, it makes no sense for Italy to be heading in the opposite direction. As stated by the European parliament, the internet is a free, neutral space. EU member states should protect this principle.
Manuela Mesco, a freelance journalist.