Obligation to publish acquittal verdicts
Yes to the Chamber. If the newspaper gave notice of the initiation of criminal proceedings
Key points
Obligation to publish not only acquittals, but also dismissals and orders not to prosecute. The Chamber of Deputies yesterday approved at first reading the text of the bill introducing a constraint to protect the reputation of the person involved in criminal proceedings. The proposal received no votes against and passed with 127 yes votes and 82 abstentions.
Reputational Damage
For Enrico Costa, leader of the Forza Italia group and first signatory of the bill, 'criminal proceedings begin with the charges and end with the pronouncement of a judge. Publishing only the indictment, omitting to publish the acquittal sentence, means omitting the trial truth and providing a distorted image of the person involved in the case. Every year 500,000 people are investigated and then dismissed or acquitted at first instance. When publishingthe news of an investigation one should always ask oneself a question: what if he is innocent?'.
The publication constraint
In detail, the draft law inserts a new provision in the Privacy Code, providing that upon request of the person against whom there has been a "judgment of acquittal, acquittal, or dismissal", the director or manager of the newspaper, radio, television or online publication that has given notice of the relevant criminal proceedings or acts or measures relating to the same proceedings, is is required to give publicity, without charge to the person concerned, to the news of the measures favourable to the latter.
The appropriate space
As to the space to be concretely reserved, the text refers to the concept of appropriateness, stating that it should be given 'appropriate prominence to the space already reserved for the relevant criminal proceedings'.
The role of the Guarantor
Central is the figure of the Authority in the event of non-compliance. In fact, the interested party, in the event of inertia on the part of the editor or the person in charge of the newspaper, may address a report to the Guarantee. The Guarantor decides within the following five days and, at the end of this procedure, may order the publication of the news of measures favourable to the suspect or defendant.
