The decision by the Italian courts to convict Google employees (both past and present) of privacy violation is truly baffling and somewhat concerning.

The case in question concerns a video made by a group of Italian students, which shows them being physically and verbally abusive to a fellow classmate who suffers from Downs’ Syndrome.

In the eyes of the Italian courts “Google broke Italian privacy law by not seeking the consent of all the parties involved before allowing it to go online.”

By pressing ahead with this conviction, is the Italian justice system suggesting that each piece of video content published to the internet, by both individuals and service providers, be pre-screened before publication?  This is surely an impossible task which would seriously alter the web as we know it.

What’s more, to suggest that the publisher, rather than the producers (the true criminals) can hardly be viewed as justice.  The old adage “don’t shoot the messenger” springs to mind.

Lest we not forget that the actual perpetrators of the crime were suspended from their school and sentenced to community service based on the information Google was able to supply the Italian authorities.

Richard Thomas, the UK’s former information commissioner hit it on the head when he said “It is like prosecuting the post office for hate mail that is sent in the post.”

The concerning issue is the wider ramifications which this ruling brings.  The suggestion being made by the Italian authorities is that service providers (such as us) can be held accountable for content published by their users.

So, are the Italian authorities (not renowned for their own credibility some might say) trying to send a message out to the online world?  Should Google have reacted more quickly (it was apparently the most watch clip at one point and resided on the site for two months). What will be the wider ramifications for video/content sharing on the World Wide Web.  Answers to this post below please*.

Emma

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