Berlusconi Gags Media With Privacy Law

Michael Hedges June 14, 2010 - Follow on Twitter

In every journalist burns the visceral desire to tell the big story. Whether it’s finding a hero, uncovering a villain or solving a mystery, bringing “truth to light” is the flame that unites those who toil deep, late and sometimes dangerously. The dark side, though, is powerful.

And, too, every television news director knows that big story can bring big ratings. Newspaper editors know what sells papers. Pressure is always there to produce, even going to the edge.

Consider Silvio Berlusconi, Italy’s Prime Minister.  Though exerting significant control over much of Italian media, he has been hounded mercilessly by people wielding microphones and cameras posing as journalists. Media outlets in disrepute – those not under his control – have audaciously broadcast the sounds of his voice and pictures of his friends.

Mr. Berlusconi is not without resources. His family primarily owns the major broadcasting and publishing company plus, as head of state, directors of public broadcaster RAI take his phone calls and listen carefully. And, too, as head of the governing political party he has certain influence over legislation.

Other Italian media outlets have, indeed, broadcast and published titillating and, yes, sometimes embarrassing audio and video. Some of this has been seen and heard outside Italy. Through the bounty of the Web, the whole world can access it all.

The “watershed” arrived as the Italian Senate approved (June 9) legislation to impose stiff fines and penalties on those who would obtain, broadcast or print transcripts of reportage obtained by surreptitious recordings.  Referred to as the “eavesdropping” or “wiretapping” law, it was passed by an overwhelming majority of Senators. Opposition politicians, in the minority anyway, did not participate in the vote as a protest.

The new bill restricts wiretapping to those approved by a three-judge panel, approvals valid for only two months. Wiretapping, under this definition, includes sticking little microphones and cameras around, not simply bugging telephones. Hospitals and the Confessional are off limits.

“We have adopted a balanced law, which citizens will appreciate,” said Justice Minister Angelino Alfano, quoted by La Repubblica (June 11), defending the privacy concerns of some significance in Italy. Culture Minister Sandro Bondi also defended the bill as “a law that will defend the fundamental principles of a liberal democratic system and accepted throughout the West.”

Other parts of the bill sent Italian broadcasters, publishers, media watchers and Berlusconi watchers into a fury. Broadcasting audio or video from wiretaps or publishing transcripts during investigations will result in fines up to €450,000 imposed on media outlets. Journalists using material obtained in a wiretap face 30 days in jail and fines up to €10,000.

Italy’s renowned opposition newspaper La Repubblica responded (June 11) by publishing a blank cover with only a yellow box on which was written, "The gagging law denies citizens the right to be informed."

All-news satellite channel Sky TG24 added a symbolic black border to its newscasts. "It seemed an effective way to express our concern….This law is a serious attack on freedom of information and hides a real intolerance for press freedom,” said news director Emilio Carelli, quoted by La Repubblica (June 12). It means we cannot speak of investigations for who knows how long. But we reaffirm our commitment to give all the news even if this rule is intended to limit the press and the right of citizens to be comprehensively informed.” Sky Italia, owned by News Corporation, plans to pursue relief to the European Court of Human Rights (ECHR), said Carelli, who referred to the bill as “a watershed.”

News Corporation, principally controlled by the Murdoch family, has been fighting with the Italian government for years over licenses and taxes and with the Berlusconi family over television audiences. And, too, the News Corporation owned UK tabloid newspapers have sold millions of papers from stories obtained by wiretapping football club owners, Royal Family members and, even, a few politicians.

Feeling the public relations heat, Italian politicians are either for the law or against it. “We do not intend to offend or defend any group, only protect the privacy of citizens,” said Alfano (June 12).

Others are hoping for a compromise. “I think the country has many problems,” said centrist MP Pier Ferdinando Casini. “This law is also a lost opportunity. We will find a solution together.” The bill now goes to the Chamber of Deputies (lower house) and then, finally, to Italian President Giorgio Napolitano for signature.

The first real test – News Corporation lawyers waiting at the steps of the ECHR notwithstanding – will be the DVD release of the documentary “The Ladies and the Cavaliere,” notes the Sunday Times (UK) (June 13). It includes steamy audio recorded by former hooker Patrizia D’Addario at the Rome residence of the Prime Minister on that cold November night in 2008. Both Ms D’Addario and film director Franco Fracassi could face jail time and fines.

Ms D’Addario would receive the harsher sentence, should the PM desire, because she’s not a journalist certified by a State agency.

Distributors have steered clear of “The Ladies and the Cavaliere,” virtually insuring viral circulation on the Web. Last month the Culture Minister Bondi boycotted the Cannes International Film Festival when another documentary critical of Berlusconi was screened.

The Italian journalists union plans a nationwide strike July 9th just as the summer holidays begin.

See also in ftm Knowledge

The Privacy Issue

The privacy issue touches every aspect of media. From consumer protection and the rights of individuals to news coverage privacy is hotly debated. New media and old media stumble and the courts decide. ftm offers views from every side of the Privacy Issue. 37 pages. PDF (April 2010)

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Media in Italy

The Italian media market is totally unique and very competitive. Italian consumers are quickly embracing new media and the advertising community is quickly changing. And hovering close is Italy's richest person - Silvio Berlusconi. 75 pages, includes Resources, PDF (January 2010)

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