Italy proposes gag law on bloggers, FB posts; Brussels silent (again)

[ibis]

The inclusion of Haider was the pretext, i am well aware of that. But if Haider why not Burlesconi as i see no difference between them. The difference being Italy's size and status as a founding member.

I would say that the difference is between Haider and Berlusconi - Berlusconi doesn't have policies or attitudes comparable to Haider's at all. In Berlusconi's case the concern is the extent to which he uses his control of the media and the tools of government to silence criticism, and a judgement on that is far more nuanced than on Haider's policies and attitudes, just as in the case of our own libel and blasphemy laws, both of which can be used to much the same chilling effect.

You forgot Austria had threatened to veto the turkish accession talks at the time and once article 7 was used they withdrew their threat to veto the talks.

No offence, but so far your claims have been so far divorced from the facts that I'd have to ask you to prove that - if it were on-topic, which it still isn't.

[SilverSpurs]

No offence, but so far your claims have been so far divorced from the facts that I'd have to ask you to prove that - if it were on-topic, which it still isn't.

I also look forward to the Netherlands being sanctioned if Wilders is part of the government! Look back to when the sanctions were withdrawn and see Austria's position on Turkish Accession.

[ibis]

I also look forward to the Netherlands being sanctioned if Wilders is part of the government! Look back to when the sanctions were withdrawn and see Austria's position on Turkish Accession.

I have done so, and have found nothing, except for stuff that shows Austria was certainly still opposing Turkish accession in 2004 on - at the European Council meeting that agreed to open accession talks they vetoed the decision unless talks were also opened with Croatia at the same time, which they duly were.

So far, I've done all the digging up of facts, and you've been wrong every time. Here's an opportunity for you to demonstrate at least occasional coincidence between your beliefs and recorded facts.

After all, you're surely not telling me you've never bothered to check that what you believe about Austria is actually the case, are you? So you must be able to remember something pertinent that helped you form your opinion, hey?

[Sync]

/mod/ This is a thread on Italy's gag order and inaction by the EU. It's not about Austria, Turkey or secession. Any more off topic posts will be removed /mod/

[ibis]

/mod/ This is a thread on Italy's gag order and inaction by the EU. It's not about Austria, Turkey or secession. Any more off topic posts will be removed /mod/

Unfortunately, there's not really much to be said about the EU's inaction that hasn't already been reported in one of the articles already cited:

Commission fundamental rights spokesman Matthew Newman told this website that Brussels will wait until the final law is passed before commenting on whether any aspect contravenes EU law. "It's a moving target at the moment, with all sorts of amendments. It's too early to comment."

Nor will anything happen soon: In Italy, vote postponed on Berlusconi's ?gag law? - Blog - Committee to Protect Journalists

A question for oral answer was put to the Commission on the 11th June here, and a press briefing was held on the subject on the 16th June (video can be obtained form here: Dailymotion - [PRESS-CONF] Italian decree law on wiretapping - a News & Politics video). A case of 'watch this space'.

[SilverSpurs]

Back on topic finally. This law is a very worrying development and challenges basic freedoms. One angle that is worth exploring here is the European Arrest Warrant. If someone anywhere in the EU denies the holocaust and their blog is readable in Germany they under German law its "published" in Germany and the blogger could face an EAW. So does Italy operate the same principle that if the blog is readable in Italy its "published" in Italy? If so criticism of Burlisconi all across the Eu will be banned!

[Passer-by]

Back on topic finally. This law is a very worrying development and challenges basic freedoms. One angle that is worth exploring here is the European Arrest Warrant. If someone anywhere in the EU denies the holocaust and their blog is readable in Germany they under German law its "published" in Germany and the blogger could face an EAW. So does Italy operate the same principle that if the blog is readable in Italy its "published" in Italy? If so criticism of Burlisconi all across the Eu will be banned!

And a quick google search comes up with the following:

The warrant applies in the following cases:

• where a final sentence of imprisonment or a detention order has been imposed for a period of at least four months;
• for offences punishable by imprisonment or a detention order for a maximum period of at least one year.

If they are punishable in the issuing Member State by a custodial sentence of at least three years, the following offences, among others, may give rise to surrender without verification of the double criminality of the act: terrorism, trafficking in human beings, corruption, participation in a criminal organisation, counterfeiting currency, murder, racism and xenophobia, rape, trafficking in stolen vehicles, and fraud, including that affecting the financial interests of the Communities.

For criminal acts other than those mentioned above, surrender may be subject to the condition that the act for which surrender is requested constitutes an offence under the law of the executing Member State (double criminality rule).

So the EAW could happily be denied by the courts.

[sondagefaux]

And a quick google search comes up with the following:

So the EAW could happily be denied by the courts.

Any proposed extradition under an EAW can also be challenged on the grounds that the extraditee's rights under the ECHR might be violated.

[motorheed]

It's as if there's race to see who can come up with the silliest laws to deal with new technology across the continent. This has to be a candiate for winner so far.