Italy media freedom advocates protest ‘gag’ law amendment

Rome: The Italian Chamber of Deputies on Wednesday approved an amendment to a bill introducing new rules on how court documents are disseminated in newspapers and media, which prohibits the full or partial publication of a pretrial detention order until the end of preliminary investigations.

Proposed by Enrico Costa, Justice Coordinator of the centrist opposition party Azione, the amendment was added to a bill on implementing EU norms in Italy.

The backing by right-wing parties and centrists from Azione and Italia Viva resulted in 160 votes in favour to 70 against, which points towards likely approval of the law by the higher chamber of parliament, the Senate. After the Senate’s approval, the law will come into force.

Critics have dubbed it a “gag law,” fearing it limits what news outlets can publish. The Five Stars Movement, which voted against it together with the Democratic Party and the Greens and Left Alliance, also labelled it a “gag” measure.

“Actions of resistance against final approval are now needed, along with the establishment of a legal committee to report the contradiction with the rulings of the European Court,” Giuseppe Giulietti, national coordinator of media freedom watchdog Article 21, said.

Pretrial detention orders, concerning preliminary investigations, determine whether someone accused should stand trial. Despite the accused not being on trial, the judge can limit their freedom if deemed necessary to prevent flight or evidence tampering.

These measures include imprisonment, house arrest or restrictions on movement. Currently, pretrial detention orders are among the few judicial documents publishable before the investigation’s conclusion.

“This law today has no justification other than gagging citizens’ right to be informed: they no longer have the right to know that a judge has ordered precautionary measures against the accused. A deadly stranglehold on the right to news coverage,” Vittorio Di Trapani, president of the National Federation of the Italian Press, FNSI, said.

Costa defended his amendment, claiming it safeguards the rights of the accused by preventing premature guilt perception based on preliminary accusations.

The amendment doesn’t ban reporting the fact that an individual is under investigation or summarising the document’s content.

Publication of judicial documents is regulated by Article 114 of the criminal code, which the amendment seeks to modify. It prohibits publishing documents still under official secrecy until delivered to the prosecution, defence attorneys, and civil parties.