According to the Italian online newspaper Repubblica.it, the UN-appointed expert Frank La Rue expressed concerns about the effect of an upcoming copyright-related regulation announced by the Autorità per le comunicazioni (AGCOM an independent, State-appointed body superseding the broadcast and telco secondary regulation) on of free-speech. AGCOM is trying since longtime to enforce the French HADOPI model in Italy to “fight copyright infringements”, pushing to self-assign the power to delete copyright infringing contents available on the Internet. With a rather while understandable (from a political standpoint) convoluted prose Mr. La Rue said what a lot of people is saying: copyright is not a “gold right” and has no title to be given an absolute stand over free speech and the other fundamental rights. But this is only a third of the story.
Second third: since, in Italy, copyright infringements are a criminal offense, only a magistrate can order both a content’s filter or removal. By letting the AGCOM act as a parallel “prosecutor and judge” would means to invade the attribution of the judiciary system and endanger the the “due process” principle.This is not allowed by the Constitution.
Third third: copyright doesn’t only belong to broadcast companies, music labels and movie producers. Every Internet user who publishes a photo, a movie, a song or a text has the right to not be stolen of its intellectual property. The AGCOM proposed regulation doesn’t address clearly this issue so only two options are possible: either the regulation only cares of the big companies and that would be non acceptable, or, on the contrary, will be open to protect everybody – i.e. will become useless, since there will likely be a tide of claim.
The end of the story is that, whatever the power belonging to AGCOM, it can’t invade the prerogative of the Court, notwithstanding the supporting opinion received by the AGCOM from some legal scholar maybe not much familiar with the intricacies of the Italian criminal procedural code.