FC: Italian journalist praises registration, taxes for web sites

From: Declan McCullagh (declanat_private)
Date: Fri Apr 13 2001 - 17:27:41 PDT

  • Next message: Declan McCullagh: "FC: Thomas Jefferson Center announces annual "muzzle" awards"

    *********
    Background:
    http://www.politechbot.com/p-01913.html
    http://www.politechbot.com/p-01911.html
    *********
    
    Date: Fri, 13 Apr 2001 16:04:10 +0200
    From: "sergio dallomo" <dallomoat_private>
    To: online-newsat_private, ralph.hoefelmeyerat_private, declanat_private
    Subject: Re: Politech- Italy reportedly requires news sites to
       register, pay fees
    
    Hi all,
    Well, as a professional italian journalist (32 years in this job, so far), 
    I dare to define this message (and possible thread) pure information 
    terrorism and nasty disinformation.
    Everybody in Italy will be able -now and in the future- to use the Internet 
    as ever. My friend Manlio Cammarata of "interlex.it" is a sharp guy and 
    must be read with the necessary precision, even if he is often 
    bitter-speaking and pessimistic (many italian intellectuals are when they 
    speak of their country).
    BUT, as ever in Italy, nobody can be a professional journalist unless he 
    got a public title for. In "this" country -please or not- there are some 
    very specific laws on public press. A professional journalist must pass an 
    official and formal examination led by a national authority.
    Besides this, everybody can publish whatsoever on papers.
    About the medium, any regular publication (journalistic or not) in Italy 
    must be registered at a Public Court Registry, have an official director 
    (not necessarily a professional), a professional staff only in the case of 
    a true news paper, and so.
    In any way, an online news spread (of a journalistic kind) is journalism. A 
    web site that tries to cheat a shortcut to publish an online newspaper (or 
    news serials) must be registered as well as an analog edition.
    Rules must be equal for everyone.
    This was in the interest of the right of the citizens, the correct 
    competition, the quality of the news, the credibility of the informations, 
    the reliability of sources, etc. In Italy all journalists that bypass the 
    VERY strict rules of the profession are commonly lead to a trial and 
    punished. Very often banned from the profession. As wherever else, we are 
    not saints, got no intrinsic truth, are very corporative, got many 
    privileges. And are not loved, often hated. But here, many of us got a good 
    deal of public respect.
    Non journalist, for sure, can be upset. In Italy it works that way, and 
    most important, it works.
    Best.
    
    ------------------------------------
    dott. Sergio M. Dall'Omo
    Professional Journalist - New Media & New Techs senior editor
    Professor of Digital Communication - DSIT - Architecture University - Venice
    Digital Communication & New Media Strategy Consultant
    Founder and Owner of the web show portal project "www.newmediabox.com"
    ------------------------------------
    dallomoat_private
    dallomoat_private
    dallomoat_private
    sergio.dallomoat_private
    dallomoat_private
    ------------------------------------
    
    *********
    
    See also a Lizardrant at:
    http://www.cluebot.com/article.pl?sid=01/04/12/1611229&mode=thread
    
    *********
    
    From: "Thomas Leavitt" <thomasleavittat_private>
    To: declanat_private
    Subject: Re: FC: More on Italy requiring news sites to register, pay fees
    Date: Thu, 12 Apr 2001 15:51:34 -0700
    Mime-Version: 1.0
    Content-Type: text/plain; format=flowed
    Message-ID: <F75FprhMOgRGkQ6mByS0000498cat_private>
    
    Certainly one of the major results is to subject online publishing
    to the national journalists' union.  Translating a quote by Paulo
    Serventi Longhi, the head of the union, as reported by PI:
    
    >"Thus ends, at least in Italy, the absurd anarchy that permits
    >anyone to publish online without standards and without restrictions,
    >and guarantees to the consumer minimum standards of quality in all
    >information content, for the first time including electronic media."
    
    This is about the nuttiest thing I've ever heard of a government doing... 
    it makes the censorhappy Australian government look like schleps in comparison.
    
    Words fail me...
    
    Regards,
    Thomas Leavitt
    
    *********
    
    From: "Bill Fason" <wfasonat_private>
    To: <declanat_private>
    Subject: Re: More on Italy requiring news sites to register, pay fees
    Date: Thu, 12 Apr 2001 12:00:18 -0500
    
    -----BEGIN PGP SIGNED MESSAGE-----
    Hash: SHA1
    
    Serventi Longhi, head of the national journalists' union, as reported
    by PI:
     > "Thus ends, at least in Italy, the absurd anarchy that permits
     > anyone to publish online without standards and without
     > restrictions, and guarantees to the consumer minimum standards of
     > quality in all information content, for the first time including
     > electronic media."
    
    
    The "anarchy" of which Mr. Longhi complains sounds essentially like a
    re-statement of our First Amendment.   No wonder our ancestors fled
    Europe in cramped leaky boats like huddled rats.
    
    But then one looks around and sees such nefarious anti-free speech
    proposals gaining currency here in the States.
    
    In Medina, a suburb of Seattle, the city council passed an ordinance
    that required people to apply for a license from town officials and
    submit to a police background check in order to distribute printed
    information, discuss religious or political beliefs, or seek
    charitable contributions.
    http://www.aclu.org/news/2000/n102300b.html
    
    A person who puts up a website which includes opinions about
    political candidates without first registering with the Federal
    Elections Commission risks legal action.
    http://www.aclu.org/news/1999/n101399b.html
    FEC opinion at
    http://herndon3.sdrdc.com/ao/ao/980022.html
    
    More recently, the McCain-Feingold bill to "reform" campaign finance
    includes uncontitutional provisions, including limits on issue
    advocacy by nonpartisan groups.
    http://www.aclu.org/news/2001/n033001b.html
    
    Can you believe the nerve of some people that they would just put up
    a website and start posting their own opinions about God and the
    world without any fees, permits, registration, applications in
    triplicate, review process, licenses, mandatory union dues, etc.?
    Where could it lead?   "Human sacrifice, cats and dogs living
    together, mass hysteria" - that's where. <g>
    
    To the tyrant, freedom always looks like anarchy.
    
    Regards,
    
    Bill Fason
    
    
    
    -----BEGIN PGP SIGNATURE-----
    Version: PGPfreeware 6.5.1 for non-commercial use <http://www.pgp.com>
    
    iQA/AwUBOtXfHtKhCINBkC+gEQKjtwCgiTNWEfMnv68CXkzLeoEfR18RKAkAoIZV
    g9dAgtBhJ+G9RDau5rvi5ptg
    =+1zN
    -----END PGP SIGNATURE-----
    
    ********
    
    Date: Fri, 13 Apr 2001 10:26:39 +0200
    From: Monique van Dusseldorp <moniqueat_private>
    Organization: Van Dusseldorp & Partners
    To: declanat_private
    Subject: italy - engl lang report
    Content-Type: text/plain; charset=us-ascii
    Content-Transfer-Encoding: 7bit
    X-UIDL: 2457cd6bddcae85461678ff1557cc8f8
    
    ----------------------------------------------
    Only professional journalists allowed in Italy
    ----------------------------------------------
    The Italian government has passed a new law stating that ''the
    publishers of periodical news on the Web who are not 'professional'
    journalists (or write on behalf of them) could be fined up to E282 and
    arrested for up to two years, and accused of 'clandestine press' crime."
    
    In Italy a professional journalist is one who has passed the exam of the
    
    National Order of Journalists.
    
    Web journalist Alessandro Ludovico says the ''same old rules'' for the
    conventional press are now being applied to the Web under pressure from
    big publishers' lobbies.
    
    ''Today lots of Italian independent Web-zine publishers, frightened by
    the announcement, announced to stop the activity,'' said Ludovico,
    adding: ''In the Italian Constitution is clearly written: 'Everyone has
    the right to freely express his thoughts with spoken words, press and
    any other medium'''.
    
    Source: http://www.mediachannel.org/news/today/index.html - Media
    Channel / Apoge Online
    
    regards
    Monique
    
    ********
    
    From: "Theodore Baar" <tedbaarat_private>
    To: <declanat_private>
    Subject: I confess, actively
    Date: Thu, 12 Apr 2001 12:49:10 -0400
    
    "It is not sufficient to have a server physically outside of Italy.
    The new law applies to information that is sent to the server
    originating from Italy or to information that is transmitted into
    Italy. "
    
    I think it is a moral obligation for us to carry at least one offensive
    Italian story on our sites. Prefeferably, this story should be
    unsubstantiated and salacious reporting of the odd sexual practices of the
    responsible ministry officials.
    
    These stories can be carried on US servers as satire (protected under US
    law). This will make every server involved "clandestine press" and Italian
    eurocrats can then sue in a US court to require us to belong to the Italian
    Journalist's union and stick tax stamps on our servers.
    
    Of course some groups could get very subtle. A complimentary article, from a
    San Francisco server, complimenting the gay government ministers in Rome
    would be a big hit. They could sue in San Francisco, said suit beginning
    with proving that gay has negative connotations. Good luck.
    
    I think this could probide endless entertainment for everyone involved.
    
    
    
    Mit freundlichen Gruessen
    Meilleures salutations
    Best regards
    
                    Ted Baar
    --------------------------------------------
                 Theodore Baar
                 Omegacom, Inc.
        tedbarat_private  617-783-5227
      Fax:617-249-0909 http://www.technoartisan.net
    -------------------------------------------
    
    ***********
    
    Date: Thu, 12 Apr 2001 18:07:39 +0100
    From: Charlie Stross <charlieat_private>
    To: Declan McCullagh <declanat_private>
    Subject: Re: FC: More on Italy requiring news sites to register, pay fees
    
    On Thu, Apr 12, 2001 at 11:31:48AM -0500, you wrote:
     > From: Michael Brennen <mbrennenat_private>
     > To: Declan McCullagh <declanat_private>
     > Subject: Re: FC: Italy reportedly requires news sites to register, pay  fees
    
    Before you worry, remember that this is Italy we're talking about. Italy,
    the country where tax evasion is a national sport and anarchism used to be
    a major political movement. If this was Germany, or the UK, or the USA,
    or some other country where people believe in following rules, it might
    be worrying. But Italy? I predict the sudden appearance of lots of video
    clips of journalists mooning at the camera on news sites, specifically
    to obtain the exemption. And lots of sites ignoring the law altogether.
    
    The recent EC directive on copyright, now *that* is serious ...
    
    
    -- Charlie
    
    [Re: European copyright directive, see:
    http://eurorights.org/eudmca/ and 
    http://europa.eu.int/comm/internal_market/en/intprop/intprop/news/copyright.htm 
    --DBM]
    
    ************
    
    Date: Thu, 12 Apr 2001 19:31:49 -0400
    From: WWWhatsup <jolyat_private>
    Organization: Pin Pub Proj
    To: Declan McCullagh <declanat_private>
    Subject: [Fwd: FC: Italy reportedly requires news sites to register, pay  fees]
    Content-Type: multipart/digest;
      boundary="------------0B7B0E9C64F2B15412521346"
    X-UIDL: 211dcb5b7e692c645393a3b86ea24d5a
    
    I posted your Italy piece to he ISTF list, were
    it garnered some responses (attached)
    -- 
    
    Date: Thu, 12 Apr 2001 16:42:35 +0200 (MET DST)
    From: Carlo Daffara <cdaffaraat_private>
    To: "Alfredo E. Cotroneo" <alfredoat_private>
    cc: WWWhatsup <jolyat_private>, isoc_forumat_private, ita-peat_private
    Subject: Re: FC: Italy reportedly requires news sites to register, pay  fees
    In-Reply-To: <5.0.2.1.2.20010412151348.037111f0at_private>
    
    Dear all,
    first of all, I am not a lawyer, and it shows :-)
    But I have encountered bad laws in Italy for several years, and can say
    for sure that there are many, many more bad laws actually "alive" in Italy
    that are completely ignored. We have received several visits from the
    PTT, made several recourses, and in general I ended up adapting myself
    (and my company) in a country that has at least a 10% of laws that are
    uncostitutional, wrong, in contradiction with others or with EU laws, or
    all those things together.
    This is the reason for my relative bland answer; we are still fighting the
    SIAE requirements for another law, and waiting for the court in a recourse
    against the PTT - so I know what it feels to be harassed by a government.
    But: I am giving the (new, or old) government time to publish the
    actuation decreet and see if it solves the problem.
    cheers
                                                     Carlo Daffara
    
    Date: Thu, 12 Apr 2001 16:04:11 +0200
    To: Carlo Daffara <cdaffaraat_private>, WWWhatsup <jolyat_private>
    From: "Alfredo E. Cotroneo" <alfredoat_private>
    Subject: Re: FC: Italy reportedly requires news sites to register, pay
       fees
    Cc: isoc_forumat_private, ita-peat_private
    
    Dear Carlo and all,
    
    Let's state clearly what the law says, i.e. that all sites that carry 
    regular news on-line (whatever kind of news - whether sport, church or 
    politics - it does not really matter) now they MUST register with the local 
    Court, and have a professional journalist endorsed by the State sign in the 
    site at the Court. The same applies for every electronic form of news 
    delivery electronically (i.e. weekly newsletters delivered by e-mail). What 
    a member of the now defunct Italian Parliament (to be re-elected on May 13) 
    or a representative of a Ministry says to modify the scope of the law, has 
    *absolutely* no effect, and offers no guarantee when the PTT (Post and 
    Telecommunication) police takes you to Court.
    
    It is very clear that this law is another serious attack to freedom of 
    speech in Italy, and several groups have already started to speak out 
    against it with banners, petitions and articles on the free Internet press 
    (see i.e .www.vita.org and www.interlex.it, both sites are in Italian). 
    Unfortunately, since the new law comes to the rescue of professional 
    journalisst (Radio, TV and paper media), no big campaign has been seen yet 
    on the paper media and TV. To the effect of this and any other law, it does 
    not really matter where the Web site is located, as the law may be enforced 
    on all Italian citizens and companies and ISPs (ISPs may be held 
    responsible for "clandestine press distribution" in case their clients do 
    not register their news Web site with the local Court).
    
    This is clearly a law promoted by the lobby of professional registered 
    journalists, and chief representatives of the Journalist have recently and 
    blatantly admitted that in a series of interviews during the last few days. 
    As journalists in the paper media are being out-placed, several on-line 
    magazines escaped so far the strict rules of the press in Italy, and are 
    seriously competing with the paper media. Professional journalists are 
    experiencing serious difficulties because of the demise of the paper 
    press/media, and are trying to obtain protection from the State, and put 
    forcibly their feet in the new Internet media, protected by the State. 
    After the new law, web portals, and the majority of Web sites in Italy are 
    expected to hire a "registered" journalist and pay them a fee to sign in 
    their web site.
    
    Last but not least, due to a law passed in 1948, no newspaper or magazine 
    (and now no Internet news site) can be printed unless it is registered by a 
    "professional" and State recognized journalist. The State and lobby of 
    professional journalists have the last say on whom can be admitted to the 
    "albo" of "professional" journalists in Italy. As it happens in most 
    western societies, journalist should be recognized as such by their 
    professional activity. On the contrary in Italy the profession is clearly 
    defined by laws, state organized exams and the final word to the admission 
    to the closed group is by ... the members themselves.
    
    We expect the law to be challenged against the freedom of speech articles 
    contained in our constitution (art. 21), but as I said, sadly, until then, 
    all sites that carry news at "regular" times overhere in Italy are subject 
    to the new law.
    
    
    Alfredo Cotroneo / NEXUS-IBA, Milan, Italy
    
    
    At 15:08 12/04/2001 +0200, Carlo Daffara wrote:
    >This is not true. The law talks about the extension of the benefits and
    >requirements of the press (that is, fiscal and financial benefits and
    >responsibility for the published materials). If you don't want the fiscal
    >benefits, just don't register as an online journal, and the law doesn't
    >apply to you. (directly from the words of the law promoter, at the
    >national "radio 24").
    >This is not to say that the law in itself is ok, (it is really badly
    >written in terms of clarity) but that it is not really against freedom of
    >speech.
    >cheers from Italy
    >                                                 Carlo Daffara
    
    ***********
    --
    Alfredo E. Cotroneo, CEO,  NEXUS-Int'l Broadcasting Association
    PO Box 11028, 20110, Milano, Italy           email: alfredoat_private
    ph: +39-335-214-614 (try first)/+39-02-266-6971 fax: +39-02-706-38151
    
    
    
    
    
    -------------------------------------------------------------------------
    POLITECH -- Declan McCullagh's politics and technology mailing list
    You may redistribute this message freely if it remains intact.
    To subscribe, visit http://www.politechbot.com/info/subscribe.html
    This message is archived at http://www.politechbot.com/
    -------------------------------------------------------------------------
    



    This archive was generated by hypermail 2b30 : Fri Apr 13 2001 - 16:55:26 PDT