Wednesday, February 1, 2017

The Senate re-adjusting the law on cyberbullying – Want …

the text of The law on cyberbullying back to the origins: last night with 224 yes, a no, and 6 abstentions, the Senate has restored the ddl 1261-B, riconsegnandolo to the Room, where a few months was completely upset. Definitions, scope, age, tools, return to be those of a law that has a goal of prevention, and with regard to the contrast keeps the instances of darkening, but it establishes processes admonition pre-complaint involving the school and families.

The first to be satisfied of this result is, of course, senator Elena Ferrara, which had thundered against the changes to the Room, and now acknowledge again, the text of which is the first signatory. Not that the political sensitivity general is particularly concerned about the use of instruments of darkening fast of content (especially social, but not only): it is considered more important than responsiveness to "any form of pressure, aggression, harassment, blackmail, libel, denigration, defamation, identity theft, alteration, acquisition, unlawful handling, unlawful processing of personal data in the damage of minors, created for via internet":

The freedom of expression and of thought, fall within the fundamental rights, on the other hand, when we talk about children all need to take a step back. From here the need to facilitate the removal of the contents and speed up the blocking of sites or profiles on the basis of reports sent by teenagers, today they can not file a complaint independently. This is the great engagement, which is also shared by the main actors of the web that most times, publicly, they are made available to comply.

The autumn version of the law was one of the worst things ever seen, go to the Room, worthy incarnation of the attitude colpevolista and rhetoric of so much of Italian politics when it comes to legislating around to the things of the Web. The changes made by the Chamber distorted the measure by extending it to the entire adult population and by focusing on the repression. The first effect of that law if it had been finally adopted would be tata the substantial inapplicability also and especially because it would have increased so indiscriminate in the litigation borne by the poor, the Guarantor for privacy, without, however, that it was equipped with the resources to support this load.

There was another masterpiece to the contrary: in spite of conduct the most serious of bullying are already punishable code to hand (private violence, defamation, stalking), the version of the Parliament modified the article 612-bis of the criminal code, a monstrosity which have stood the rigors of the jurists, because providing for the imprisonment from one to six years for "stalking by electronic means or telecommunications" with a generic formula was in danger of becoming the perfect tool to make undue pressure on journalists and bloggers without going by the criteria of the law on the press and annexed to the libel with which you are working in another device of the law.

All of this has been deleted and the text is back to its original structure. The principles are these:

  • prevention. The law provides that a decree of the Presidency of the Council set up a technical Table coordinated by the ministry of Education. Here you define, in sixty days a plan of action for the integrated contrast and the prevention of cyberbullying.
  • Report of juveniles. The law focuses on children, think only of them, and grants them the possibility to get it from the managers of the sites the removal of content deemed offensive. The web company will probably work in order to integrate the appropriate tools, and easy, and it is expected they may earn a stamp of quality recognized by the inter-ministerial political table. The system provides that if the manager does not gives answers within 12 hours or not shall be provided within 48 hours, the instance is transferred to the Guarantor for privacy, which can provide independently within the next 48 hours, according to the law on the protection of personal data of 2003.
  • The procedures for non-criminal. The law is more attentive to the pre-criminal procedure warning, as for the stalking, in order to empower the children (always over 14, under are not to be prosecuted), authors of this type of pressures, and acts, focusing on social and educational services present on the territory, in synergy with the schools.
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