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From: "ber..._at_netaxs.com" <ber..._at_netaxs.com>
To: tscm-l2006_at_googlegroups.com
Subject: [TSCM-L] {4932} Italy: New Wiretapping rules
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http://in.reuters.com/article/worldNews/idINIndia-48664420100520
Media, magistrates slam Italy new phone tap rules
By Silvia Aloisi
ROME (Reuters) - Italian magistrates and media are up in arms over a
government attempt to restrict wiretaps and slap fines and jail
sentences on newspapers that publish transcripts, saying it will help
criminals and muzzle the press.
While the centre-right coalition of Prime Minister Silvio Berlusconi
says it wants to protect privacy, the opposition says the government is
just scrambling to cover up widespread corruption in its ranks with yet
another tailor-made law.
Parliamentarians have been working late into the night to craft the
legislation, which critics call a "gagging law".
The bill languished in parliament for months. But the government quickly
dusted it off after newspapers published leaked transcripts from a
high-profile graft probe into public work contracts that has tainted
Berlusconi's cabinet.
That inquiry forced Industry Minister Claudio Scajola to resign after
media published evidence that his luxury Rome apartment overlooking the
Colosseum had been partly paid for by a shady entrepreneur who was
jailed for corruption.
Under the draft law, which goes before the full Senate next week,
magistrates would be able to order wiretaps only if they have serious
evidence that a crime has been committed.
The taps will have to be approved by a panel of three judges and would
only last up to 75 days. Special authorisation will be needed to tap the
phones of parliamentarians and priests.
The media would be banned from publishing transcripts or summaries and
even from reporting on an investigation until the suspects are sent to
trial -- something that can take years in Italy's notoriously
snail-paced justice system.
SANCTIONS FOR JOURNALISTS
Publishers who violate the law could be fined up to 465,000 euros
($577,300) while journalists risk up to one month in jail.
One newspaper that is often critical of the government urged journalists
to defy the law at all costs. "Arrest us all if you want," was the
banner headline in Il Fatto Quotidiano.
The government says the bill is designed to protect the privacy of
citizens and prevent them from being exposed to public disgrace before
they even go on trial.
"We are not muzzling the press but simply preventing the repeat of
abuses that have covered in mud people who had nothing to do with any
investigation," said Maurizio Gasparri, Berlusconi's party chief in the
Senate.
An estimated 120,000 phone lines were intercepted in the course of
investigations in Italy last year. Italians are used to reading leaked
transcripts of often embarrassing private conversations with their
morning espresso.
Advocates of wiretaps say many high-profile arrests, particularly of
elusive Mafia fugitives, would not have been possible without the help
of phone interceptions.
"It would be more honest to simply say they want fewer investigations,
fewer checks to make sure the names of famous people don't end up in the
media," said Giuseppe Cascini of the National Magistrates Association.
The national journalists union is threatening to strike, warning that
media coverage of political scandals and judicial proceedings would be
seriously hampered if the law passes. (Editing by Mark Heinrich)
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