In what could be a legal decision having wide implications around the world, an Italian judge on Wednesday held three Google executives criminally responsible for an online video of an autistic teenager being bullied.
The charges stemmed from a 2006 video posted on Google Video, thevideo-sharing service Google ran before acquiring YouTube.
The footage showed an autistic student being pushed, pummeled with objects, including a pack of tissues, and insulted by classmates, who called him a “mongoloid.”
The prosecutor based a large amount of the case on that the video was viewed 5,500 times over the two months it was online, had over 80 comments (certainly not much by internet standards) and made it to the top of Google Italy’s “most entertaining” video.
Google argued that it was unaware of the offensive material and acted swiftly to remove it after being notified by authorities, taking the video down within two hours.
Those convicted of violating Italy’s privacy laws were Google’s global privacy counsel Peter Fleischer, its senior vice president and chief legal officer David Drummond and retired chief financial officer George Reyes. They were given six-month suspended sentences.
Google called the decision “astonishing,” saying it “attacks the very principles of freedom on which the Internet is built.”
Although the government agreed that the executives had no role in creating or uploading the video, they were held liable under Italian law as officers of the company.
“If company employees like me can be held criminally liable for any video on a hosting platform when they had absolutely nothing to do with the video in question, then our liability is unlimited,” he said in a statement.
Drummond said he was “outraged” that he was found criminally responsible for the video, noting that both European Union and Italian law recognized that Internet service providers like Google are not required to monitor content that they host.
“This verdict sets a dangerous precedent,” Drummond said in a statement from Google’s Mountain View, Calif., headquarters. It also “imperils the powerful tool that an open and free Internet has become for social advocacy and change.”
The US has a federal law which specifically bars criminal liability in this situation, the Communications Decency Act of 1996 however no such protections exist in Europe or in other places around the globe.
If executives of YouTube.com or any site can be held criminally liable for every video uploaded by users to the site, they are going to be spending a lot of time in courts around the world.
So what does this really mean for the 3 convicted? Basically they can no longer go to Italy right? Are there any consequences for them in the US? Or are they required to appear or serve in Italy?
Well the decision is nonsese, pretty much in Italy-style. But I feel little pleasure from it, at least some Americans can get taste what is it like to be sued and defaulted in USA, in many cases even without knowing it. Then beeing hunted down like a terrorist (example: European gambling company executives)
JP
There sentences were suspended so I would think they are allowed to be in Italy without fear of arrest.
The issue that is raised by this case is much bigger than this situation
D
The Google guys not only knew about the suit but they were represented.
Quote –
“There sentences were suspended so I would think they are allowed to be in Italy without fear of arrest.”
We have seen in the U.S. where a prosecutor or judge becomes over zealous in advancing their political career or to claim their minute of fame.
Therefore, I would not consider the suspended sentence as permanently stayed/set aside. All it takes is a signature by a judge in the middle of the night to change the suspended sentence.
It would be a PR disaster for Google and the executives if they were arrested while in Europe. I’m positive Google’s U.S. and European lawyers are working on this night and day.
Once again, the only ones making money on this deal are the lawyers.
Boy; in addition to the risks of being arrested in those countries that follow suit and being found guilty and labeled as actual and real criminals; which is bad enough; one can only imagine what it would cost companies in real dollars to have to review each and every video from beginning to end (and image/picture sites as well) prior to them being posted.
If this ruling stands, and other countries reach the same findings, huge labor costs could bury such sites.
MHB
oh, I understand what you are saying, but curious, even if the sentances were not suspended, what would be the real consequences to the convicted. No more trips to Italy?
Nice. I have a new slogan for them.
“Italy . . .it’s the new Kentucky.”
“what would be the real consequences to the convicted”
They could live like Roman Polanski. Being careful where they travel.
JP
Maybe no travel to any country in the EU for starters, but like “Looking” states above assuming that the US would not turn them over, which maybe a big assumption, since I’m not sure what extradition treaties the US was with Italy, many other countries around the world could had them over.
I hope that many judges will find criminally guilty Facebook for the abuses made through Facebook as they just do not care or act with minimum responsibility against those abuses.
On beginning of november I got to know that an offender made a fake page in Facebook with my name, personal phone, cell phone, address, etc and put it on Facebook stealing my name. In that page the offender linked me to polithical radical groups, as well as gay groups, swingers, etc. and sent invitations to see that page to different people.
The offender did that to hurt my work, family and personal life. In the last three months my life has become a nightmare.
People denounced to Facebook that the page was fake but Facebook did nothing until the police sent them a request for that.
By end of november the fake page was turned down.
When was turned on?
How many people visited that page?
Why they did not turn it down when it was denounced?
I don’t know.
Since november I have sent over a hundred mails to Facebook, Facebook Inc., Facebook founder and president, their Board of Directors and I only got automatic answers from different members that sign “The Facebook team”.
I have been patient enough!
By end of february, they sent me and some friends of mine, that begun complaining to Facebook about my case, the same questions I answered to FACEBOOK by middle of november.
Same stupid answers, probably automatic, without any kind of consideration for the victim.
I kept on sending the same question: “WHY YOU DON’T ANSWER IN REFERENCE TO THE ABUSE COMMITTED AGAINST EDUARDO BARTFELD THROUGH FACEBOOK?”
Facebook did not cooperate at all.
By end of february I began a campaign asking my friends to write to Facebook. They (Facebook) kept on sending the same automatic forms. If you want I can send you all their answers as I keep records and they all look the same.
Friends in USA, Brazil, Hong Kong, Chile, Brazil, Argentina, Israel,Uruguay are writing to Facebook about my case.
Most of the victims of the abuses do not insist as much as I do. They get tired after some of the same stupid answers Facebook send to them.
Facebook do not care for the victims, and that help the abusers to do anything they want very easily, because FACEBOOK JUST DO NOT CARE OR TAKE ANY CARE TO STOP THAT.
Such a mass Internet Media should take minimum care and try to protect honest people from being hurt so easily.
I never joined Facebook as I never joined any of the groups I was linked to in the fake page.
Anyone that really wants to defend freedom of communication must act with care and responsibility as the editors of the big news media have to do.
Anyone has the freedom to link himself to any group he wants but you cannot steal the NAME OF A PERSON just to hurt him, his family, work with any kind of difamation.
The offender will be taken to court this month but I had to make my own investigation, with a lot of stress until we found the offender and confessed at the police. All this was made without any cooperation or help from Facebook. They just sent the same answers and questions that showed they never paid attention, neither to the answers sent by me in november, nor the denounces of people, that the page made with my name was fake.
Every day, since november I have been sending mails to Facebook.
We are now in march and I have begun a campaign so that Facebook, their “Facebook Team”, his President and founder, their Board of Directors have to answer and cooperate.
Perhaps they wake up and do care for the victims after the Judge in Milano (Italy) have found criminally guilty Google or their executives.
I hope that victims all over the world do not give up and denounce the offenders as well as Facebook until Facebook develope a policy to protect their users and even more those ones like me that never joined Facebook.
I send you this request as I think that we have to defend our freedom of communication, honor, name, good reputation as well as any other freedom.
If we do not defend freedom from abusers we cannot complain when freedom is lost.
Remember the wise statement of Pastor Niemoller written at the Holocaut Memorial in Boston.
We must act at the first abuses to other human beings and not just when the abuse is made on us. Then it could be too late!
Our freedom may be attacked by dictators but also by huge media companies that do not care for people that may denounce abuses that are easy to proove as it was my case.
Later they make great statements about freedom of communication. Just empty words!
I offered Facebook all kind of prooves that my identity was stolen by an abuser that used my name, personal address, etc. It was really a simple case, but Facebook does not care either for me or for any other victim of abuses. I have the right to think so after I have seen their behaviour in this case.
Bravo for the judge in Milano! This should be just the beginning of many cases and I am sure that Facebook will have to face in the future.
Google got Youtube after the abuse was already made. Facebook Inc. owns Facebook meantime the abuses are being done.
I hope that victims will not give up. It seems like fighting windmils but I won’t give up!
Younger generations are joining Facebook and they do not know how dangerous Facebook may be for them.
There is no media so powerfull like Facebook, as I know. If they do not do anything to prevent abuses or help and cooperate with victims and authorities I have the right to say:
FACEBOOK IS EXTREMELY DANGEROUS!
Thank you for your attention.
Eduardo Bartfeld
pd. If you need any further information, please let me know.
Mr.Bartfeld. Maybe I can help you. Please send information about your case. I had a similar case with success.
Regards
Christine Brown