The decision of the magistrate to refer it to the Constitutional Court was explained by the lawyer Andrea Di Pietro at the conference “Much Mafia, Little News” of the 10th May 2019
It is uncomfortable to have to admit it, but it has been lawmakers who have historically introduced the worst threat to journalists: imprisonment. (…) Finally, thanks to the decision by a judge of the Court of Salerno, Dr. Giovanni Rossi, this legislation is being examined today by the Constitutional Court.
What will the Constitutional Court decide? It is difficult to say. I think it will declare the constitutional illegitimacy of the legislation, finally abolishing imprisonment for journalists. The Constitutional Court will once again replace the lawmakers who, in the matter of press freedom have, since 1948, never wanted to or never knew how to make Article 21 of the Italian Constitution effective. (…) Ossigeno has published the dossier “Shut up or I’ll sue you” (read here) with which it has demonstrated with official data from the Ministry of Justice that imprisonment in Italy is not just a threat but a norm that is applied concretely and to a substantial extent. (…)
When one asks if there is press freedom in Italy the answer must be no. It is a façade of freedom, purely illusory. How can one feel free when the threats come from organised crime, from legal actions and even from the law itself? (…)
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