DDL intercettazioni

Last updated

DDL Intercettazioni or the Wiretapping Bill is a piece of legislation put periodically [1] before the Italian Parliament, but never passed.

Contents

In the XVI legislature, that version of the bill provided for a measure (paragraph 29), found to be in violation of free speech by the public opinion: after the public outcry, it has never been approved by Parliament. [2]

Background

The Max Planck Institute for Foreign and International Criminal Law calculated that in 2006, a higher proportion of Italians had had their phones tapped than citizens of any other European country. Opposing the confidentiality of information sources, the press often obstructs the only way for the acquisition of evidence about the news leaking of the wiretapped talks and for the identification of the 'Deep Throat'. [3]

XV legislature

After the SISMI-Telecom scandal, in the government were raised "fears of a maxi-blackmail against the politics": [4] so it was adopted a first decree in order to destroy captured illegally wire-taps. The Constitutional Court stroke down the main provisions of this decree.

Prime minister Romano Prodi complained the political use of the wiretapping leaks; [5] his government proposed a Bill on this issue, [6] but it has never passed through as law.

XVI legislature

Prime Minister Silvio Berlusconi and his allies have been subject of a number of wire-taps which have been published. For instance, in December 2007 the audio recording of a phone call between Berlusconi, then leader of the opposition parties, and Agostino Saccà (general director of RAI) were published by the magazine L'espresso , attracting strong criticism of Berlusconi from several media sources. [7]

The law was proposed by the Berlusconi IV Cabinet and presented by Italian Minister of Justice Angelino Alfano in 2008, [8] approved by the Camera in 2009, [9] then modified by the Italian Senate [10] and brought up again for approval at the Camera in October 2011. Supporters argued that courts were authorising the practice of wiretapping too often, and that the media should not be privy to the results. [11] Berlusconi said in 2010 that legislation was necessary to protect the privacy of Italian citizens. [12]

Paragraph 29

The controversy largely centered around paragraph 29 of the proposed bill [13] which was being debated in the Chamber of Deputies of the Italian parliament. [14]

The proposed bill would have empowered anyone who believes themselves to have been offended by the content of a publication or website, even if the content were true, to enforce publication of a reply, uneditable and uncommented, in the same place and with equal prominence of the related content, with no right of protest against the requested rewrite or any inaccuracies contained, within 48 hours and without any prior evaluation of the claim by a judge. [15] If after 48 hours the reply hadn't been published, the person requesting the reply may eventually appeal to a civil court which would assess the request and evaluate the disputed content. [15] The sanction would be a fine between €9,500 and €12,000. [15] According to editors of the Italian Wikipedia:

"neutrality, freedom, and verifiability of [Wikipedia's] contents are likely to be heavily compromised by paragraph 29 of a law proposal, also known as "DDL intercettazioni" (Wiretapping Act). This proposal, which the Italian Parliament is currently debating, provides, among other things, a requirement to all websites to publish, within 48 hours of the request and without any comment, a correction of any content that the applicant deems detrimental to his/her image."
"Unfortunately, the law does not require an evaluation of the claim by an impartial third judge – the opinion of the person allegedly injured is all that is required, in order to impose such correction to any website. Hence, anyone who feels offended by any content published on a blog, an online newspaper and, most likely, even on Wikipedia would have the right for a statement ("correction") to be shown, unaltered, on the page, aimed to contradict and disprove the allegedly harmful contents, regardless of the truthfulness of the information deemed as offensive, and its sources."

Strikes and protests

Italian journalists went on strike on 9 July 2010, in protest over the wiretapping bill. [12]

All pages on the Italian version of Wikipedia on 4 October 2011 were redirected to a statement opposing the proposed legislation. [16] The statement is available in Italian, English, Catalan, Esperanto, Dutch, French, German, Greek, Hebrew, Portuguese, Romanian and Spanish.

Despite its approval in Senate, the Bill was never approved by the Chamber of Deputies during the XVI Legislature and was not repeated in the next parliamentary term.

XVII legislature

Justice Minister Andrea Orlando, on 20 April 2016, said: "Wiretaps are means of investigation absolutely essential; there are steps that must be turned into legislative acts which have to avoid misuse and their dissemination even when they are not about crimes. I think they go transposed the circular of the prosecution offices addressing the issue (...) The advantage is that the law does not change with the change of the attorney. If there was a pronouncement of the Consiglio superiore della magistratura (CSM) might help to have a consistent practice". [17]

This issue has been dealt with in a bill proposed by the Chamber of deputies; [18] passed through in the Senate, became law authorizing Government to decree in this matter.

Related Research Articles

<span class="mw-page-title-main">Italian Wikipedia</span> Italian language edition of Wikipedia

The Italian Wikipedia is the Italian-language edition of Wikipedia. This edition was created on 11 May 2001, and first edited on 11 June 2001. As of 29 April 2024, it has 1,861,304 articles and more than 2,507,983 registered accounts. It is the 9th-largest Wikipedia by the number of articles.

<span class="mw-page-title-main">Recognition of same-sex unions in Italy</span>

Italy has recognised same-sex civil unions since 5 June 2016, providing same-sex couples with all of the legal protections enjoyed by opposite-sex married couples, excluding joint adoption rights. A bill to allow such unions, as well as gender-neutral registered partnerships, was approved by the Senate on 25 February 2016 and the Chamber of Deputies on 11 May and signed into law by the Italian President on 20 May of the same year. The law was published in the official gazette the next day and took effect on 5 June 2016. Before this, several regions had supported a national law on civil unions and some municipalities passed laws providing for civil unions, though the rights conferred by these civil unions varied from place to place.

<span class="mw-page-title-main">Carlo Giovanardi</span> Italian politician (born 1950)

Carlo Amedeo Giovanardi is an Italian politician. He is a former member of the Senate of the Republic and leader of the socially conservative wing of the New Centre-Right party.

<span class="mw-page-title-main">Ignazio La Russa</span> Italian politician (born 1947)

Ignazio Benito Maria La Russa is an Italian politician who is serving as president of the Senate of the Republic since 13 October 2022. He is the first politician with a neo-fascist background to hold the position of President of the Senate, the second highest-ranking office of the Italian Republic.

<span class="mw-page-title-main">Elisabetta Casellati</span> Italian lawyer and politician (born 1946)

Maria Elisabetta Alberti, known by her married name as Maria Elisabetta Alberti Casellati, is an Italian lawyer and politician, serving as Minister fo Institutional Reforms since 2022. She was President of the Italian Senate from 2018 to 2022. She was the first woman ever to have held this position. Casellati is a long-time member of the liberal-conservative party Forza Italia and served as Undersecretary of Health and Justice in previous governments. In 2022, she was nominated as candidate for President of Italy by the centre-right coalition.

<span class="mw-page-title-main">Dini government</span> 52nd government of the Italian Republic

The Dini government was the 52nd government of the Italian Republic. It was the second and last cabinet of the XII Legislature. It held office from 17 January 1995 to 17 May 1996, a total of 486 days, or 1 year and 4 months. It was the Italian Republic's first Government of Experts, entirely composed of experts and officials from outside Parliament.

<span class="mw-page-title-main">Overseas constituencies of the Italian Parliament</span> Constituency for Italian general elections

The Overseas Constituencies consists of four electoral zones which elect Deputies and Senators to the Italian Parliament. Italy is one of the few countries to reserve seats for those citizens residing abroad. Since 2020, there are eight such seats in the Chamber of Deputies and four in the Senate of the Republic.

<span class="mw-page-title-main">Italian electoral law of 2015</span>

The Italian electoral law of 2015, also known as Italicum, was an Italian electoral law passed in 2015. The law, which came into force on 1 July 2016, regulated only the election of the Chamber of Deputies, replacing the Italian electoral law of 2005, which had been ruled partly unconstitutional by the Constitutional Court of Italy in December 2013. It provided for a two-round system based on party-list proportional representation, including a majority bonus and a 3% election threshold. Candidates would have run in 100 multi-member constituencies using open lists. The largest party which won over 40% of the vote would automatically win a majority of seats; if no party won 40% of seats, a second round of voting would be held between the two largest parties, with the winner of the second round winning a majority of seats. The name "Italicum" was coined in 2014 by Democratic Party secretary and later Prime Minister of Italy, Matteo Renzi, who was one of the legislation's main proponent.

<span class="mw-page-title-main">Maria Elena Boschi</span> Italian lawyer and politician (born 1981)

Maria Elena Boschi, is an Italian lawyer and politician, member of the Chamber of Deputies since 2013.

<span class="mw-page-title-main">2016 Italian constitutional referendum</span>

A constitutional referendum was held in Italy on 4 December 2016. Voters were asked whether they approved a constitutional law that amends the Italian Constitution to reform the composition and powers of the Parliament of Italy, as well as the division of powers between the State, the regions, and administrative entities.

<span class="mw-page-title-main">President of the Chamber of Deputies (Italy)</span>

The president of the Chamber of Deputies is the speaker of the lower house of the Italian Parliament, the Chamber of Deputies. It is the third highest-ranking office of the Italian Republic, after the president of the Republic and the president of the Senate. Since 14 October 2022, the role has been held by Lorenzo Fontana.

<span class="mw-page-title-main">Italian electoral law of 2017</span>

The Italian electoral law of 2017, colloquially known by the nickname Rosatellum bis or simply Rosatellum after Ettore Rosato, the Democratic Party (PD) leader in the Chamber of Deputies who first proposed the new law, is a parallel voting system, which acts as a mixed electoral system, with 37% of seats allocated using a first-past-the-post electoral system and 63% using a proportional method, with one round of voting. The Chamber and Senate of the Republic did not differ in the way they allocated the proportional seats, both using the largest remainder method of allocating seats.

<span class="mw-page-title-main">Ettore Rosato</span> Italian politician (born 1968)

Ettore Rosato is an Italian politician, member of the Chamber of Deputies, and formerly leader of the Democratic Party in the Chamber.

<span class="mw-page-title-main">Giulia Bongiorno</span> Italian lawyer and politician (born 1966)

Giulia Bongiorno is an Italian lawyer and politician who served as the Italian Minister of Public Administration from 1 June 2018 to 5 September 2019. A prominent criminal defense attorney, she has served in both houses of the Italian parliament: formerly a member of the Chamber of Deputies from 2008 to 2013, she has served as a Senator of the Italian Republic since 15 March 2018.

<span class="mw-page-title-main">Legislature XV of Italy</span> 15th legislature of the Italian Republic (2006–2008)

The Legislature XV of Italy started on 28 April 2006 and ended on 28 April 2008. Its composition resulted from the election of 9–10 April 2006, called after President Ciampi dissolved the houses on 11 February 2006, at the end of the previous legislature. This legislature was the second shortest in the history of the Italian Republic, lasting exactly two years, and ending when President Giorgio Napolitano dissolved the houses on 6 February 2008, after a vote of no confidence on the incumbent Prodi Cabinet.

Alex Marini is an Italian politician. He was elected as a member of the Regional Council of Trentino-Alto Adige/Südtirol and as a member of the Council of the Italian Autonomous Province of Trento for the Five Star Movement Trentino, local section of the Five Star Movement Italian political party, in 2018.

<span class="mw-page-title-main">Emilia-Romagna (Chamber of Deputies constituency)</span>

Emilia-Romagna is one of the 29 constituencies represented in the Chamber of Deputies, the lower house of the Italian parliament. The constituency currently elects 29 deputies, more than any other in the parliament. Its boundaries correspond to those of the Italian region of Emilia-Romagna. The electoral system uses a parallel voting system, which act as a mixed system, with 37% of seats allocated using a first-past-the-post electoral system and 61% using a proportional method, with one round of voting.

<span class="mw-page-title-main">Aosta Valley (Chamber of Deputies constituency)</span>

Aosta Valley is one of the 29 constituencies represented in the Chamber of Deputies, the lower house of the Italian parliament. The constituency currently elects only one deputy, less than any other in the parliament. Its boundaries correspond to those of the Italian region of Aosta Valley. The electoral system in Aosta Valley uses a first-past-the-post election, with one round of voting.

<span class="mw-page-title-main">Molise (Chamber of Deputies constituency)</span> Italian Chamber of Deputies constituency

Molise is one of the 29 constituencies represented in the Chamber of Deputies, the lower house of the Italian parliament. The constituency currently elects 2 deputies, less than any other except Aosta Valley. Its boundaries correspond to those of the Italian region of Molise. The electoral system uses a parallel voting system, which act as a mixed system, with half of seats allocated using a first-past-the-post electoral system and half using a proportional method, with one round of voting.

<span class="mw-page-title-main">Legislature XIX of Italy</span>

The Legislature XIX of Italian Republic is the current legislature of the Italian Parliament, which started on 13 October 2022.

References

  1. ↑ In Marco Travaglio opinion, it happens when some scandals expose wrongdoings of the political class, which counters trying to forbid the use of this instrument of criminal prosecutors: "as if to say that if one has a fever, it is the fault of the thermometer" Marco Travaglio, Imbavaglia tua sorella, Fatto quotidiano, 10 April 2016.
  2. ↑ "Camera dei Deputati: disegno di legge N. 1415-B" (PDF) (in Italian). Camera dei Deputati. 11 June 2010. Retrieved 4 October 2011. (English translation)
  3. ↑ Buonomo, Giampiero (2000). "Intercettazioni eccessive: ammissibile il ricorso di Bettino Craxi a Strasburgo". Diritto&Giustizia Edizione Online. Archived from the original on 1 August 2012. Retrieved 16 March 2016.
  4. ↑ "Telecom dossier ricatti". l'Espresso. 11 October 2007.
  5. ↑ CARBUTTI, ROSALBA. "Prodi: intercettazioni a orologeria. "Da anni diffuse per fini politici"". QuotidianoNet.
  6. ↑ "DISEGNO DI LEGGE" (PDF). senato.it. 17 April 2007. Retrieved 11 August 2019.
  7. ↑ "Inchiesta Berlusconi "Saccà va sospeso" L'ex premier: "Solleva il morale del Capo"". la Repubblica (in Italian). 13 December 2007.
  8. ↑ Scheme of the parliamentary procedures (which started on 30 June 2008).
  9. ↑ The text formerly (11 June 2009) approved by the Italian Chamber of Deputies.
  10. ↑ The text modified by the Senate (10 June 2010).
  11. ↑ Italian bill to limit wiretaps draws fire. BBC News. 11 June 2011. Retrieved 6 October 2011.
  12. 1 2 "Italian journalists strike over Berlusconi wiretap bill". BBC News. 9 July 2010. Retrieved 6 October 2011.
  13. ↑ "Camera dei Deputati: disegno di legge N. 1415-B". Camera dei Deputati (in Italian). Retrieved 4 October 2011.
  14. ↑ "Wikimedia blog » Blog Archive » Regarding recent events on Italian Wikipedia". Blog.wikimedia.org. Retrieved 5 October 2011.
  15. 1 2 3 Hooper, John (27 September 2011). "Italy's bloggers to protest over 'fascist' right to reply bill". The Guardian . Retrieved 6 October 2011.
  16. ↑ Taylor, Adam (4 October 2011). "Wikipedia Shuts Down Italian Site In Response To Berlusconi's New Wiretap Act" Business Insider. Retrieved 5 October 2011
  17. ↑ Andrea Gentile (20 April 2016). "INTERCETTAZIONI: Orlando: "Evitare uso improprio intercettazioni" (Italpress) -".
  18. ↑ Atto Senato n. 2067 della XVII Legislatura, art. 30.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.