Rome - It was October 2007. The Council of Ministers approved the so-called " 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 press offenses.
The news, the discovery of the jurist Valentino Spataro and relaunched by Point Computer , sparked an uproar . They apologized and dissociated ministers and Gentiloni Di Pietro, he laughed Times, published a Beppe Grillo comment of 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. 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 your 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.paragraph 3 excludes the majority of blogs from the registration and related legal risks. But it is not so . Here are some examples.
(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 publication is intended for entertainment and, whatever the form in which it is achieved and the means by which it is widespread.
Any blog that classification.
Article 8.
(Publishing on the Internet.)
1. Registration in the Register of communications operators of entities engaged in publishing activities on the internet network 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 network or operating on the same forms or products, such as carpooling or personal sites, which are not the result of a ' organization entrepreneurial work. Apparently
The blog of Beppe Grillo has an editorial staff, has banner ads, sell products. Put simply, according to both the Civil Code , both according to the common interpretation of the Revenue, is business 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 provided for press offenses.
Affairs his own, perhaps some will say. Yet it is not the only one to worry about. In the same situation would find dozens, probably hundreds of other unsuspecting bloggers . For whosoever shall submit with their banner advertising, promotions, or listings of Google AdSense, according to the common interpretation Revenue Agency, ago business activities.
The reasoning is simple. The placing of banner advertising is an ongoing generating revenues, the provision is an ongoing enterprise, who does business through its own publications must register with the ROC, who is registered the ROC may incur in press offenses. Those who are 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 activities continuous, ongoing activity lucrative = business).
For this reason, if the draft law was approved as now proposed, we would be at best face a law punishable by 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 not remove the article will also sue for underground press."
Donald: "Ok. Sob."
Try replacing "Rockerduck" with "kid" and "Donald Duck" with "citizen" and you're done.
Luca Spinelli
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