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[ NNSquad ] Re: Italy government fast-tracking efforts to muzzle YouTube and others


JC is right.

there are things the government has included which should be not and
there are other things that should or could have been included and they
were not

there are many wrong things in the content of present draft, generally
not those echoed by press.

most notably, not with respect to the content but to the process, the
government was delegated by the parliament to receive the european
directive and modify only the product placement part, within boundaries
allowed by the directive itself.

this draft exceeds the scope of the delegation the gove received because
it adds many other things, other than product placement;  if approved as
is, the constitutional court would have no other possibility than
deeming it invalid.

on the other hand, having included things that were not in the directive
and having written things that go beyond the directive provision, the
bill could be submitted to Brussels to start an infringement procedure
against italy.

ciao, s.


J.C. DE MARTIN wrote:
> Having said that, the obligation to
> obtain a Governmental authorization,
> nowhere to be found in the Directive,
> raises serious freedom of expression
> concerns.
> 
> Such provision should be removed,
> and, more in general, civil society initiatives (commercial
> or not: what's the exact boundary?)
> should be unambiguously shielded
> from Government meddling.
> 
> Best,
> juan carlos
> 
> nexa center for Internet & society
> nexa.polito.it
> 
> On 23/gen/2010, at 00.19, Stefano Quintarelli <stefano@quintarelli.it>
> wrote:
> 
>>
>>
>> The damages request by mediaset of 500 M was filed in july 2008 (here
>> just a newspapers link: http://is.gd/6PNt4
>>
>> http://is.gd/6PO13 a google search on  "youtube 500 millions mediaset"
>>
>> this is some 17 months before what reported by AP:
>>    The draft was written in mid-December, just around the same time
>>    the media empire founded by Berlusconi announced it was seeking
>>    at least euro500 million (US$779 million) in damages against
>>    YouTube
>>
>> Even according to the draft (hearings of all major interested
>> associations and companies are being held in these days, Google is
>> scheduled next tuesday), Youtube is not subject to italian jurisdiction,
>> given their operations are based in ireland and the draft poses limits
>> only to
>> - commercial entities which
>> - deliver video non occasionally over the web and
>> - make a choice of the content to be delivered and
>> - compete with traditional TV and
>> - have their main office or major operations in italy
>>
>> serious fact checking, as they call it..
>>
>> ciao, s.
>>
>> Lauren Weinstein wrote:
>>> Italy government fast-tracking efforts to muzzle YouTube and others
>>>
>>> http://bit.ly/5rHwMM  (AP)
>>>
>>> --Lauren--
>>> NNSquad Moderator
>>
>> -- 
>> blog.quintarelli.it
>> www.eximia.it
>> www.reeplay.it
>>

-- 
blog.quintarelli.it
www.eximia.it
www.reeplay.it