The National Federation of the Italian Press (Federazione Nazionale della Stampa Italiana – FNSI) is threatening to strike after Prime Minister Silvio Berlusconi has said he will pass a decree that will allow journalists to be jailed for publishing transcripts of phone taps used in criminal inquiries without getting a judge’s permission first. The EFJ supports all actions against such a decree, which would threaten press freedom.

The FNSI, in cooperation with groups representing the Italian judiciary, publishers and consumers held a debate with FNSI Secretary Franco Siddi, Chairman of the National Association of the Judiciary (ANM) Luca Palmara, President of the Justice Committee of the Senate, Filippo Berselli; and the Minister of Justice of the shadow government, Lanfranco Tenagliaon  entitled “Ethics and Freedom of the Press: No to censorship.” The debate showed that many groups are united against the proposed changes, which would bar phone taps in certain types of investigations and force journalists to get a judge’s permission before publishing transcripts from tapped conversations or face a jail sentence.

“If a wiretapping decree is passed we’ll go on strike,” warned Siddi. “The decree is too restrictive: this was our belief under Mastella (Minister of Justice in the previous government) and this is our belief under Alfano (current Minister of Justice in the Berlusconi government).”

While waiting for developments on the government decree, FNSI is planning its protests. Siddi said the union will provide more information about the effect the decree would have if passed. There is also a plan for newspapers to publish stories that include complete information next to stories as they would be published under the proposed law. The union is also considering a plan for public protests with journalists “going out into the streets to inform citizens about what is happening.”

To protect privacy, which is said to one of the reasons for the proposed decree, Siddi suggests creating a “jury” within the Data Protection Authority to consider invasion of privacy cases.

“It should include both representatives of the Association of Journalists and civil society and should issue statements on privacy violations within three days,” he said.

Both the judiciary and publishers are concerned about wiretapping restrictions.

“We need to strike the proper balance,” said ANM Chairman Palmara. “Wiretapping as an investigative tool should be defended. We can then think of corrective measures, such as ‘filtering’ hearings during which decisions can be taken regarding phone taps that may be useful in court and those that are criminally irrelevant.”

In the meantime, within the majority there seems to be substantive concurrence regarding Berlusconi’s proposal.

“The part concerning privacy may be separated from the bill and included in a decree,” said Berselli, President of the Justice Committee of the Senate. “However, I guarantee, regardless of the tool used, there will be the utmost dialogue with the various Italian press associations.”

“There’s no need to pass a decree,” said Lanfranco Tenaglia, Minister of Justice of the shadow government. “Only twenty days ago, the government had opted for a bill. But, if the intent,” concludes the MP of the opposition Democratic Party, “is to protect other matters that I’m not aware of and can’t even imagine, then the Prime Minister should explain this to the opposition first and then to the country.”

– Federazione Nazionale della Stampa Italiana (FNSI)

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