Rome - It was October 2007. The Council of Ministers approved the "DDL Levi-Prodi" bill that included an obligation for all blogs to register with the Register of Communications Operators and the consequent increase in their heads of press offenses. The news, the discovery of the jurist Valentino Spataro and relaunched from Computer Point, sparked pandemonium. They apologized and dissociated ministers Di Pietro and Gentiloni, laughed to the Times, published a commentary by Beppe Grillo fire on his blog. The project suffered a hard landing and after a while 'the dust settled. Prodi's government fell.
A year later, in November 2008. A Another lawyer, Daniele Minotti, he realizes that the bill turns back in the classrooms of our Parliament, given in the referral to the House Committee on Culture (DDL C. 1269).
Minotti makes a brief analysis on his blog, marking the differences between the new and the previous text. We have some differences of interpretation. Let us together look at the highlights of the draft law to understand what they can expect surfers and bloggers Italian:
Article 2.
(Definition of editorial product).
1. For the purposes of this Act, for publishing product means any product covered by the objectives of information, training, dissemination or entertainment and for publication, whatever the form in which it is achieved and the means by which it is disseminated.
Any blog that classification.
Article 8.
(Publishing on the Internet.)
1. Registration in the Register of communications operators of entities engaged in publishing on the Internet also notes the implementation of the standards for liability related to the violation of press.
3. Are excluded from entry in the Register of Communications Operators those who access the Internet or operating on the same forms or products, such as sites personal or collective use, which are not the result of an entrepreneurial organization of work. Apparently
paragraph 3 excludes the majority of blogs from the registration and related legal risks. But it is not. Here are some examples.
The blog of Beppe Grillo has an editorial staff, has banner ads, sell products. Put simply, according to both the Civil Code, and according to the common interpretation of the Revenue, is farming activities. If the bill were approved, therefore, Beppe Grillo would most likely required to register with the ROC. Not only that: it would thus be subject to various penalties for press offenses.
Affari suoi, diranno forse alcuni. Eppure non è l'unico a doversi preoccupare. Nella stessa situazione si troverebbero decine, probabilmente centinaia di altri ignari blogger. Infatti: chiunque correda le proprie pubblicazioni con banner, promozioni, o anche annunci di Google AdSense, secondo la comune interpretazione dell'Agenzia delle Entrate, fa attività di impresa.
Il ragionamento è semplice. L'apposizione di banner è un'attività pubblicitaria continuativa che genera introiti; una prestazione continuativa è un'attività di impresa; chi fa impresa grazie alle proprie pubblicazioni deve registrarsi al ROC; chi è registrato al ROC può incorrere nei reati di stampa. Chi invece è in this situation and is not registered with the ROC, can be sued for printing illegal (remember a recent case).
As in our knowledge, there is still no official pronouncement closely Revenue Agency (questioning) whether the use of some of the activities contained in the banner (but the direction is clear enough: banner = lucrative ongoing activities; ongoing activities lucrative = business).
For this reason, if the draft law was approved as now proposed, we would be at best face a law subject to multiple interpretations and therefore potentially very dangerous. Here's an example of fantasy, set in Duckburg.
Rockerduck: "If you do not delete the article on your blog that speaks ill of me, I drag you to court for libel."
Donald: "But my blog is not a newspaper!"
Rockerduck: "But you have a banner ad, then you may be undertaking, and then you have to register with the ROC. Indeed, if you do not remove the article also criticizes the press for immigration."
Donald: "Ok. Sob."
Try replacing "Rockerduck" with "kid" and "Donald Duck" with "citizen" and you're done.
Luca Spinelli diPuntoinformatico.it
I say mine: qual'ora the bill is approved we can safely say that nowadays democracy is over, Italy is not a free country.
Yet Article 19 of the Constitution states:
"Everyone has the right to freedom of opinion and expression, which implies the right not to be disturbed because of his opinions and to seek, receive and impart, regardless of frontiers, the information and ideas through any media. "
without forgetting also Article 21:" Everyone has the right to freely express their thoughts in speech, writing or any other means of communication. The press can not be subjected to authorization or censorship. "
Then, if 'these four gentlemen rich and full of coke whores of us are afraid to say so clearly. And remind them that while they go to hell in Italy there are an infinite number of serious problems, such as unemployment, the increase in poor families, crime, building structures built to fuck without thinking about the health and safety of the citizen 's increase in the cost of living and so on and so forth. Get to work really ...
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