Google Case In Italy Raises Web Freedom Concerns
An Italian court has convicted three current and former Google executives on privacy violations, in connection with the posting of a video on its Web site. Google says it will appeal the convictions, the first against employees of the world's most popular Internet search engine.
The case was closely followed for its implications on Internet freedom in Italy and elsewhere in Europe.
The case stems from a 2006 incident in which students at an Italian high school shot a video and uploaded the clip to Google's Italian Web site showing them bullying a disabled schoolmate.
The Google executives were tried in absentia, and the court sentenced them to six-month suspended sentences, but acquitted them of defamation charges.
Bill Echikson, a Google spokesman, said after Wednesday's ruling: "This is a terrible, astonishing decision. It attacks the very principle of freedom on which the Internet is built."
But prosecutor Alfredo Robledo, reflecting European concerns about privacy issues, said what was at stake was not freedom of expression on the Internet but the responsibility of companies.
"We forcefully raised the principle that the right to do business can never prevail over fundamental human rights," Robledo said. "This is the clear sense of this ruling, this is what we had asked for, and we are very satisfied."
Google says it took the video down within two hours after it had been notified by police.
But prosecutors argued that it shot to the top of the "most entertaining videos" on the Italian site and had 5,500 hits and 800 comments during the two months it was online — implying Google should have noticed it sooner.
According to Google statistics, 20 hours of video are uploaded to its sites every minute worldwide.
The four bullies were later identified, with the assistance of Google, and sentenced to community service.
Echikson said the implications of the Milan ruling would lead to pre-emptive screening, which he said is unfeasible both technically and financially. "This sort of regime, where you can post and then notice and take-down regime, allows creativity, allows the Web to flourish, as we have seen," he added.
"If this judgment stands, it will be a little like prosecuting the postman for delivering a letter you don't like the content of. Are we going to prosecute the postman? The telephone operator that carries the call where unpleasant things are said? No, obviously not," he said.
The U.S. ambassador to Italy, David Thorne, echoed that view, saying in a statement: "We are disappointed by today's decision sentencing executives of Google Inc., in connection with the posting of an offensive video on Google. While we recognize the reprehensible nature of the material, we disagree that Internet service providers are responsible prior to posting for the content uploaded by users."
He added, "The fundamental principle of Internet freedom is vital for democracies which value freedom of expression, and is protected by those who value liberty."
Italy appears to be unfriendly to the Internet: Broadband is not easily available in parts of the country, and the law requires users to show an ID before getting access at WiFi hot spots.
The ruling against Google came just as the Italian government is about to introduce a decree that would give the state control over online video content — the toughest Internet regulations in Europe.
Prime Minister Silvio Berlusconi owns the biggest private TV conglomerate in Italy.
Google has been hit with a lawsuit for copyright infringement from Berlusconi's company Mediaset, which is seeking nearly $800 million in damages.
Adding to its woes, Google is facing a European Union probe after antitrust complaints filed by rival companies.
9(MDAyNzUwMDI2MDEyNTA3MTU5NzcyNTQyNA004))
STEVE INSKEEP, host:
Let's ask about the knock-on effect of a court ruling in Italy this week. Three executives for Google were convicted of violating criminal privacy laws. They're not going to jail. In fact, they didn't even show up for the trial, but the digital world is asking about the effects of this ruling. Google may have to begin policing its content in Italy and maybe other countries as well.
NPR's Sylvia Poggioli joins us on the line from Rome. Hi, Sylvia.
SYLVIA POGGIOLI: Hi, Steve.
INSKEEP: What was the case all about?
POGGIOLI: Well, in 2006, a group of high school students filmed and uploaded a clip to Google's video site showing them bullying a schoolmate with Down's Syndrome. The video shot up to the top of the most entertaining videos and was online for two months. An advocacy group complained to police, which notified Google, and the company took down the video within two hours. Prosecutors charged Google executives with liability and said they should have taken down the offensive content much sooner.
INSKEEP: Well, how is Google responding to the ruling?
POGGIOLI: Google will appeal and it described the decision as terrible and astonishing. It said it attacks the very principles of freedom on which the Internet is built. Spokesman Bill Echikson said the ruling raises serious questions about the viability of all user-generated content Web sites.
Mr. BILL ECHIKSON (Spokesman, Google): This isn't just about Google either. This is about the Web. It's every social network. Even a community bulletin board would be impacted if the rule is, is that you have to preview all material that goes up on the Web. We think this is really a very important principle that needs to be defended.
POGGIOLI: But prosecutors say that what was at stake was not freedom of expression but the responsibility of companies. Prosecutor Alfredo Robledo, reflecting European concern about privacy issues, hailed the ruling as a confirmation that the right to do business cannot prevail over fundamental human rights.
INSKEEP: Okay, so we have this court ruling that could conceivably affect not just Google, but companies like Twitter, Facebook, anybody who puts up content without editing it first. What are the broader implications here?
POGGIOLI: Well, it certainly looks, as you said, that they're going to have to police their own content, at least in Italy. User generated Web sites may now be treated just like any other media company, TV or print, that provide content and therefore could be subject to the same regulations. But Google says preemptive screening of all content is not feasible, technically or financially, since worldwide 20 hours of video are uploaded to YouTube every minute. Spokesman, Echikson says the ruling is like punishing the messenger.
Mr. ECHIKSON: If this judgment stands, it will be a little bit like prosecuting the postman for delivering a letter that you don't like the content of. Are we going to prosecute the postman or are we going to prosecute the telephone operator who carries a call where unpleasant things are said? No, obviously not.
POGGIOLI: The U.S. ambassador to Italy, David Thon, endorsed this view, saying in a statement the fundamental principle of Internet freedom is vital for democracies which value freedom of expression and is protected by those who value liberty.
INSKEEP: Sylvia, in a couple of seconds, is this just going to be Italy or is it going to spill over into other countries?
POGGIOLI: Well, we don't know that. Google right now is under investigation from the European Union for some anti-trust complaints from other rival companies. Here in Italy, keep in mind that Prime Minister Silvio Berlusconi owns the biggest commercial TV conglomerate and indirectly controls state-run TV. His Mediaset company is currently suing Google for nearly $800 million in damages for copyright infringements, users uploading clips from Mediaset TV shows.
INSKEEP: Okay. Sylvia, thanks very much.
POGGIOLI: Thank you, Steve.
INSKEEP: That's NPR's Sylvia Poggioli. Transcript provided by NPR, Copyright National Public Radio.
