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2007 Assessment

Italy: Integrity Indicators Scorecard

Italy: Integrity Scorecard Report > Sub-Category: Media
Indicators		Score
5	Are media and free speech protected?	100
6	Are citizens able to form print media entities?	100
7	Are citizens able to form broadcast (radio and TV) media entities?	31
8	Can citizens freely use the Internet?	100
9	Are the media able to report on corruption?	100
10	Are the media credible sources of information?	90
11	Are journalists safe when investigating corruption?	100

Indicator and sub-Indicator Details

Are media and free speech protected?

5a: In law, freedom of the media is guaranteed.

Score:

YES

Comments: The major debate in Italy is about the freedom of the media with respect to the owners. There are restrictions regarding privacy, but in general this does not affect the freedom of the press.

References: Art. 21 of the Constitution

Art. 21: (1) Everyone has the right to freely express thoughts in speech, writing, and by other communication. (2) The press may not be controlled by authorization or submitted to censorship. (3) Seizure is permitted only by judicial order stating the reason and only for offenses expressly determined by the press law or for violation of the obligation to identify the persons responsible for such offences. (4) In cases of absolute urgency where immediate judicial intervention is impossible, periodicals may be seized by the judicial police, who must immediately and in no case later than 24 hours report the matter to the judiciary. If the measure is not validated by the judiciary within another 24 hours, it is considered revoked and has no effect. (5) The law may, by general provision, order the disclosure of financial sources of periodical publications. (6) Publications, performances, and other exhibits offensive to public morality are prohibited. Measures of prevention and repression against violations are provided by law.

5b: In law, freedom of speech is guaranteed.

Score:

YES

Comments:

References: Art. 21 of the Constitution. Art. 21: (1) Everyone has the right to freely express thoughts in speech, writing, and by other communication. (2) The press may not be controlled by authorization or submitted to censorship. (3) Seizure is permitted only by judicial order stating the reason and only for offenses expressly determined by the press law or for violation of the obligation to identify the persons responsible for such offences. (4) In cases of absolute urgency where immediate judicial intervention is impossible, periodicals may be seized by the judicial police, who must immediately and in no case later than 24 hours report the matter to the judiciary. If the measure is not validated by the judiciary within another 24 hours, it is considered revoked and has no effect. (5) The law may, by general provision, order the disclosure of financial sources of periodical publications. (6) Publications, performances, and other exhibits offensive to public morality are prohibited. Measures of prevention and repression against violations are provided by law.

Are citizens able to form print media entities?

6a: In practice, the government does not create barriers to form a print media entity.

Score:

100

Comments: The financial investment required to form a print media entity limits the creation of nation-wide print media entites. In Italy, ownership of the media is closely concentrated among non-publishing companies. Two of the three largest-selling daily newspapers (Corriere della Sera, which reports general news, and Gazzetta dello Sport, which reports sports news) belong to the same group: the RCS MediaGroup owned by the Agnelli group, which has interests in the automobile sector (Fiat), finance, insurance and tourism, and also publishes one of the widest-circulating free newspapers in the country (City). The other main national daily newspaper, la Repubblica, is owned by the Gruppo Editoriale l'Espresso, which is part of the De Benedetti group, which also operates in telecommunications, information systems and finance and owns 15 local newspapers and a number of periodicals. Competition in the newspaper market is characterized by the presence of six main groups (RCS, l'Espresso, Il Sole 24 Ore, Monrif, Caltagirone, Fiat), which account for around 70 percent of the market. As regards periodicals, the Gruppo Mondadori is the largest Italian publisher, with a 42 percent market share and 50 titles.

References: AGCOM, annual report [ LINK ] EIRO, [ LINK ]

6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: No print license is necessary in Italy, so there is no possibility to deny it (except for the cases of publications with content aginst the law). Yet, to start the activities of printing it is necessary to be registered in a Registry of Communication Operators (Registro degli operatori di comunicazione) held by the Communications Regulatory Authority (Agcom), an independent authority, established by Law n. 249 of July 31, 1997. The purpose of this registration is to control ownerships, concentration, and the limits of participation of foreign societies in Italian media.

References: Art. 21 the Constitution Communications Regulatory Authority (AGCOM) www.agcom.it

6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period.

Score:

100

Comments:

References: Licenses are not required.

Peer Review Comments: I would suggest that in Italy, bureaucratic delays are common, making it difficult to obtain licenses and documents in a reasonable time period.

6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost.

Score:

100

Comments:

References: Licenses are not required.

Are citizens able to form broadcast (radio and TV) media entities?

7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity.

Score:

100

Comments: The score of 25 comes from the fact that there are complaints related to TV media companies. The market is owned basically by the public company RAI and Berlusconi's company MEDIASET. The actual law on communication, adopted during the time Berlusconi was prime minister, is accused to close the market of satellite communications only to these two subjects.

References: News posted on the website of the Ministry of Communication on May 22, 2007 [ LINK ]

Peer Review Comments: It is necessary to set a new law on communication in order to guarantee genuine and free competition, but Silvio Berlusconi's role as leader of the opposition and de facto owner of TV network Mediaset creates political problems about that.

7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked.

Score:

YES

Comments: There are different types of broadcasting licenses: one for "network operators" (operatore di rete) - those who hold the infrastructures for broadcasting; one for "service providers" (fornitori di servizi) - those who sell media services (decoder, pay-tv, and in general any pay-per-view broadcast); one for "content provider" (fornitore di contenuti) - i.e. the editor, responsible for the programs. The Ministry of Communications releases these licenses within 60 days from the request. There is no specific appeals mechanism apart from the general appeals mechanism for administrative acts.

References: Law by decree no. 177/2005, Consolidated Act on Broadcast (Decreto Legislativo 177/2005, Testo Unico della radiotelevisione), deliberation of the Communications Regulatory Authority (Agcom): [ LINK ]

Regulation no. 435/01/CONS, Regulation on Digital Broadcasting (Approvazione del regolamento relativo alla radiodiffusione terrestre in tecnica digitale): [ LINK ]

Artt. 24 and 125 of Constitution Art. 24: (1) Everyone may bring cases before a court of law in order to protect their rights under civil and administrative law. (2) Defense is an inviolable right at every stage and instance of legal proceedings. (3) The poor are entitled by law to proper means for action or defense in all courts. (4) The law defines the conditions and forms for reparation in the case of judicial errors.

Art. 125: Administrative tribunals of the first instance shall be established in the region, in accordance with the rules established by the law of the republic. Sections may be established in places other than the regional capital.

7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period.

Score:

100

Comments: The problems come from the TV media license. Actually there are by law 11 available licenses for analogic TV broadcasting at national level. Only seven of them have been assigned: three to RAI, the public media company, three to Mediaset, Berlusconi's media company, and one to TI Media (Telecom Italia Media), controlled by Telecom Italia, recently sold by Marco Tronchetti Provera to the new Telecom owners (a group made by Generali, Mediobanca, Intesa Sanpaolo, Benetton and Telefónica). The three big owners are now getting the same space on digital TV broadcasting, thus controling the access to the system. An "independent" media enterpreneur, Mr. Francesco Di Stefano, has been waiting since 1999 to obtain the license he won regularly for his tv channel Europa 7, but he is being stopped because the frequences are those used by Rete4, one of the three channels (analogical) of Berlusconi. Rete4, since 1999, should transmit only through digital channel, but it is still transmitting in analogic. Three different governments (D'alema, left wing, Berlusconi, right wing, and Prodi, left wing) did not solve the problem. De facto, any other access to national broadcast is forbidden. On July 18, 2007, Italy was placed under warning procedure for violation of EU laws on telecommunications.

References: [ LINK ] [ LINK ] - for the story and the judicial records.

7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost.

Score:

100

Comments: In 1999, the public procedure for assigning the TV frequences required the amount of 12 billion liras (US$8.8 million) to participate at the tender. Mr. Francesco di Stefano had that amount and required two frequences. In order to block him and to respect and agreement between Berlusconi and the left-wing parties ruling at that moment, the (public) commission "interpreted" the law by saying that that amount was necessary for any frequence required, thus reducing the chances of Mr. Di Stefano. The system is so closed that, to date, four of 11 national frequencies are still vacant, because no one could afford the costs.

References: [ LINK ]

Can citizens freely use the Internet?

8a: In practice, the government does not prevent citizens from accessing content published online.

Score:

100

Comments: Internet is free to use, except for illegal content. There is a debate about the power of the "Amministrazione Autonoma Monopoli di Stato" to block the access to sites for online gambling not previously authorised: it is seen as a preventive action or ar censorship. In both cases, the reason is strictly economic.

References: [ LINK ] [ LINK ]

8b: In practice, the government does not censor citizens creating content online.

Score:

100

Comments:

References: OECD Communications Outlook 2007 [ LINK ]

Are the media able to report on corruption?

9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure.

Score:

YES

Comments: In law, the right to information is guaranteed. The Ethic Code of Journalists requires that they tell the truth and repair damages in case of false information, and there is no preventive censorship on media. In law there are also criminal sanctions for libel and insult (arts. 594-599 of criminal codes) and the more general right to protect individual rights.

References: Art. 21 of the Constitution Art. 21: (1) Everyone has the right to freely express thoughts in speech, writing, and by other communication. (2) The press may not be controlled by authorization or submitted to censorship. (3) Seizure is permitted only by judicial order stating the reason and only for offenses expressly determined by the press law or for violation of the obligation to identify the persons responsible for such offences. (4) In cases of absolute urgency where immediate judicial intervention is impossible, periodicals may be seized by the judicial police, who must immediately and in no case later than 24 hours report the matter to the judiciary. If the measure is not validated by the judiciary within another 24 hours, it is considered revoked and has no effect. (5) The law may, by general provision, order the disclosure of financial sources of periodical publications. (6) Publications, performances, and other exhibits offensive to public morality are prohibited. Measures of prevention and repression against violations are provided by law

Peer Review Comments: Recently, publication of compromising conversations between public figures (for instance, the scandal involving the Bank of Italy) has generated controversy on the journalistic use of wiretap transcriptions.

9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories.

Score:

100

Comments:

References: Il Sole 24 ore (but it could be any other journal) Dates published: see for example articles on corruption on dates Sept. 24, 2006, Jan. 24, 2007, April 22, 2007, April 27, 2007, May 17, 2007, May 18, 2007, June 8, 2007

9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories.

Score:

100

Comments:

Are the media credible sources of information?

10a: In law, print media companies are required to disclose their ownership.

Score:

YES

Comments: The Communications Regulatory Authority (Agcom) manages the ROC (Registro degli Operatori di Comunicazione), a public registry that reports ownerships, name and number of the media companies controlled, and the management structures.

References: Law 249, Art. 1, a), 5 and 6, of July 31, 1997

10b: In law, broadcast (radio and TV) media companies are required to disclose their ownership.

Score:

YES

Comments: The Communications Regulatory Authority (Agcom) manages the ROC (Registro degli Operatori di Comunicazione), a public registry that reports ownerships, the name and number of media companies controlled, and the management structures.

References: Law 249, Art. 1, a), 5 and 6, of July 31, 1997

10c: In practice, journalists and editors adhere to strict, professional practices in their reporting.

Score:

100

Comments: Some journalists and editors are politically engaged, thus influencing the type and content of information, though this is commonly known. Most importantly, the coverage of a particular issue, event or person in exchange for money, gifts, or other favors or remuneration is an insignificant phenomenon. There is a set of very independent sources of information, on paper, radio or internet. According to the Press freedom index 2006 (Reporters sans frontieres), the end of the Berlusconi era saw a slight improvement in Italys position (to 40th), mainly due to repeated criticism of the then prime ministers abuse of broadcasting time during the April 2006 parliamentary election campaign.

References: Federazione Nazionale Stampa Italiana (Press National Trade Union) [ LINK ]

Documents: "carta di treviso", "carta dei doveri del giornalista" and "codice deontologico"

[ LINK ]

Peer Review Comments: Journalists can gain carrier's benefits in supporting particular political positions or by being close to political leaders. It concerns not only public and private television but also newspapers. Often, partisanship prevails on competence. See spoils system in public television when the political majority in parliament changes after general elections.

10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage.

Score:

100

Comments: The Communications Regulatory Authority (Agcom) is an independent authority, established by Law n. 249 of July 31,1997. Among its duties, the Authority monitors the media coverage during elections (par condicio), and publishes the results in its reports. The authority has monitoring and sanctioning powers, e.g. TG4 received a 250.000 euro fine (US$355.350)for unfair media coverage). Despite this, there have been frequent claims during the past electoral campaings, because of the media influence of Silvio Berlusconi. In particular one of his channels, Rete4, has a news program (TG4, anchored byEmilio Fede), which is clearly unfair, not only as regards the time dedicated to different parties (the criteria to measure par condicio, see the above mentioned fine), but as regards the way in which information is given, the picture or the part of the speeches chosen (e.g. Berlusconi has always wonderful pictures, his opponents seem always sick). This apart, in general broadcast companies respect the "par condicio" (fair conditions) between candidates ,and the authority does a good job in measuring and sanctioning the excesses.

References: [ LINK ] [ LINK ]" target="_blank">[ LINK ] http://www.centrodiascolto.it/view.php?id=32029

10e: In practice, political parties and candidates have equitable access to state-owned media outlets.

Score:

100

Comments: The equitable acces does not imply "per se" that media are credible sources of information (see the title of the question). According to Reporters sans frontieres' Press freedom index 2006, the end of the Berlusconi era saw a slight improvement in Italys position (to 40th), mainly due to repeated criticism of the then prime ministers abuse of broadcasting time during the April 2006 parliamentary election campaign.

References: www.primaonline.it/allegati/file10183629876135.doc [ LINK ]

[ LINK ]

Peer Review Comments: The Radical Party denounces a low presence on state-owned TV channels, whereas other parties have a presence that is disproportionate to their electoral weight.

See docs: [ LINK ] [ LINK ]

Are journalists safe when investigating corruption?

11a: In practice, in the past year, no journalists investigating corruption have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no journalists imprisoned related to work covering corruption during the study period. A YES score is positive. NO: A NO score is earned if any journalist was jailed because of his/her work covering corruption during the study period. The causal relationship between the official charges and the journalist\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the journalist was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: www.adnkronos.it www.ansa.it

11b: In practice, in the past year, no journalists investigating corruption have been physically harmed.

Score:

YES

Comments: There are no cases of journalists harmed, killed or threatened by the state or the police. Anyhow, I report here the case of Mr. Lirio Abbate, a journalist investigating the mafia organization in southern Italy. Although not physically harmed, he has been threatened by criminal organizations. Some of his investigations are related to corruption of public officials by mafia criminals.

References: www.adnkronos.it www.ansa.it [ LINK ]

Peer Review Comments: In southern Italy, where crime organizations control economic activities in specific territories, it could be useless and risky to denounce a physical assault.

11c: In practice, in the past year, no journalists investigating corruption have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of journalists being killed because of their work covering corruption-related issues during the study period. A YES score is positive. NO: A NO score is earned if there were any documented cases where a journalist was killed in relation to his or her work covering corruption-related issues in the study period. The relationship between a mysterious death and an individual\'s work may not be clear, however the burden of proof here is low. If it is a reasonable guess that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: www.adnkronos.it www.ansa.it