I am shocked about the Italian judicial system finding Google executives guilty on criminal privacy charges for the posting -- by an Italian citizen -- of a video on YouTube showing bullying and abuse of an Italian Down's syndrome child by other Italian teens.
I mean, should the History Channel be sued for airing footage of the survivors of Nazi Concentration camps? It's an invasion of the privacy of the concentration camp victims; the individual survivors didn't give permission; and it shows a horrific scene of man's inhumanity to man. The truth is, much of this footage served to shock the post World War II citizens about the horror and reality of the Holocaust, and many of the Holocaust memorials continue showing this footage so that we never forget.
The following is excerpted from the story in the on-line version of WIRED:
“Today’s stunning verdict sets an extremely dangerous precedent that threatens free expression and chills innovation on the global internet,” Harris said in an e-mail statement. “If the conviction is allowed to stand, it will chill the provision of Web 2.0 services that provide user-generated content platforms in Italy, and Italian internet users will find themselves without a powerful forum for free expression...
The story goes on to make the following key points:
1. "...Many see [the ruling] as thinly veiled machinations against Google by Italy’s Prime Minister Silvio Berlusconi, who has nearly monopoly control over Italy’s mainstream media. Italy’s parliament is currently considering a law that would put online video services under the same rules imposed on broadcast stations — legislation intended to stifle online speech.
2. Google, for one, called the decision “astonishing.” “It attacks the very principles of freedom on which the internet is built,” Google lawyer Matt Sucherman wrote on Google’s blog. “If that ’safe harbor’ principle is swept aside and sites like Blogger, YouTube and indeed every social network and any community bulletin board, are held responsible for vetting every single piece of content that is uploaded to them — every piece of text, every photo, every file, every video — then the web as we know it will cease to exist, and many of the economic, social, political and technological benefits it brings could disappear.”
The story goes on to compare this case with others in U.S. courts that, in my opinion, are not relevant to this. In these cases people abused social networking services with malicious intent that resulted in harm to others. Those being prosecuted are the same people THAT COMMITTED THE ALLEGED CRIME (very different from the Italy vs. Google case.)
Google executives did not commit a crime. In fact, the YouTube video allowed authorities to identify, arrest and punish 3 of the 4 people abusing the handicapped person.
One might argue that by providing the opportunity for people to post records of themselves committing criminal or misdemeanor behavior, Google/YouTube allows authorities to identify, warn and/or arrest those who break the law and then brag about it on YouTube. Society can emphasize what we consider right and wrong.
Google executives did the only thing they can and should do -- remove the offensive material as soon as there are complaints. And, perhaps in such cases of abuse, cyber-bullying, and criminal behavior, the new media giant can work with authorities to help
In the recent cases of cyber-bullying provoking suicides or making fun of handicapped people, kids should be educated about the responsibilities of freedom. Cyber-bullying is sick and irresponsible. As citizens and parents, we need to take some responsibility for our behavior and the behavior of our children. What sicko gets kicks out of bullying anyone, let alone a handicapped person, and then BRAGGING ABOUT IT ON YOUTUBE?
This is a tough debate. That kid couldn't defend himself and the lawsuit was trying to protect him. But it set a precedent that is going to put in affect a change of events that could be incredibly harmful to freedoms afforded by the internet.
Posted by: CAPlastic Surgeon | October 06, 2010 at 07:03 PM
well, IMHO, the video alerts the public to the bullying and other stuff that is going on anyhow! By having it posted on YouTube, the authorities can arrest the offenders and/or parents can sue the offenders. IMHO, YouTube is doing a favor in this case. The sad case of the sweet young gay man at Rutgers is just a shame. But maybe the creeps who posted the video will get some jail time, and we can start to teach our kids to stop thinking its cool to be bullies AND to use discretion when posting things on YouTube. Thanks for reading and commenting!
Posted by: candace clemens | October 07, 2010 at 03:34 AM