Wednesday 14 March 2018

FREEDOM OF PRESS IN ITALY


   All have the right to express freely their own thought by word, in writing and by all other means of communication.
The press cannot be subjected to authorisation or censorship.
Seizure is permitted only by a detailed warrant from the judicial authority in the case of offences for which the law governing the press expressly authorises, or in the case of violation of the provisions prescribed by law for the disclosure of the responsible parties.
In such cases, when there is absolute urgency and when the timely intervention of the judicial authority is not possible, periodical publications may be seized by officers of the criminal police, who must immediately, and never after more than twenty-four hours, report the matter to the judicial authority. If the latter does not ratify the act in the twenty-four hours following, the seizure is understood to be withdrawn and null and void.
The law may establish, by means of general provisions, that the financial sources of the periodical press be disclosed.
Printed publications, shows and other displays contrary to morality are forbidden. The law establishes appropriate means for preventing and suppressing all violations. »
(Article 21 of the Italian Republic Constitution)
Italy is now on the 52nd position of the Press Freedom Index (source: https://rsf.org/en/ranking), one of the lowest for developed countries. In this piece we are going to explore and understand the reasons, giving some historical information.
The freedom of press in the Italian Republic was restored after the end of the Fascist Regime, in 1943. The freedom of press is now defended by law, but Italy kept many problems during its history. During the “anni di piombo” (1968 - 1980 ca.), many journalists disappeared or were killed for have tried to uncover some information about terrorist groups like Brigate Rosse, a communist group which acted with kidnapping and murders of politicians or public personalities, or Ordine Nuovo, a neo-fascist association which used to organise terrorist attacks, putting bombs in public places as happened in Piazza Fontana, Milan, 1968 or in the railway station of Bologna, 1980.
In 1977, Indro Montanelli, one of the most important journalists in Italy, was kneecapped by two members of the Brigate Rosse, because he was “friend to multinational corporations”. Another journalist, Walter Tobagi, was kidnapped, tortured and murdered by the Brigate Rosse.
This time of Italian history was extremely dangerous for every journalist, politician, and even for students who were interested in politics Now Italy is far from situations of that kind, but while terrorist organisations do not exist anymore, mafia still has a huge power on politics and, most importantly, on the freedom of press. According to Reporters Without Borders, “six Italian journalists are still under round-the-clock police protection because of death threats, mostly from the mafia or fundamentalist groups.”. This is interesting because freedom of press is not mostly undermined by political power, an authority, but by illegal organisations, which operate over the law. The case of Roberto Saviano is quite meaningful: in 2006 he published Gomorrah, a novel inspired by real facts about Camorra, and he received death threats by the Casanova, a powerful Camorra clan. For that, he now lives in incognito, under the protection of Police. Now he still works against Camorra and he is now one of the most important criminologists worldwide, with his books, articles and TV appearances.
In Italy, many journalists, especially in Rome and in the south, said that they are still subjected to mafia groups and criminal organisations. Another problem for Italy freedom of press is the influence that every government has on the national public TV broadcasting station, the Rai. For example, in 2004 Italy was included into the partially-free countries by RSF, when Silvio Berlusconi was the Italian Prime Minister. At the time, he could simultaneously control the Rai information channels and the Mediaset ones, of which he was private owner. Even the European Court intervened the same year because of a law called “legge Gasparri” which, officially aimed to preparing the changeover to digital terrestrial television, allowed Mediaset channels to keep using the analogical television over the limits that other channels had, supporting the interests of Mediaset group. Even RSF declared that this law “presented a danger for the independence of public television and a threat to pluralism of news and information.”. Berlusconi was also owner of the biggest Italian editorial group, Mondadori, so he had an enormous control on communication, giving Italy a lower position than some undeveloped countries in the RSF freedom of press ranking.


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