[Nettime-bold] 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

=================================
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