carbonjam72
Master Poster
- Joined
- Apr 24, 2014
- Messages
- 2,324
Italy and the UK, oppressive libel laws and reckless tabloids
The UK also has very strong libel/slander laws, I think the UK standard is you have to be able to prove that what you say is actually true. Whereas in the US, a simple "I'm stupid and didn't know" is actually a defense (although I think the standard is different for libeling/slandering "public" as opposed to "private" citizens.
But the courts in the UK are also outrageously expensive, and the custom is that the "loser pays" the cost of the case. SO a wealthy person can afford to sue, and lose, while scaring the daylights out of a non-wealthy person. Or alternatively, trounce a non-wealthy person in court because they can only afford a crappo lawyer, in which case the wealthy person can be both abusive before hand, and ruinous after the fact, at least against the wee folk who dare to speak the truth and lack the resources to defend themselves.
I think in the UK, its a residual 'class thing', and in Italy it's a residual 'fascism thing'.
But what's fascinating is that Italy and The UK seem to have the strongest libel/slander laws. and yet they also have the most irresponsible and reckless tabloids that have so deformed their society using mass produced ridicule as a weapon of mass social destruction.
SO the fact that Italian courts are horrendous, doesn't seem to track in the UK. I think the common denominator is an utterly vicious and unmerciful press and media, based on credulous populations that adore the sleazy tripe in their gutter tabloids.
BUt in Italy the problem is compounded by a systemically broken justice system, a relatively poorly educated and gullible populace, and unscrupulous prosecutors like Mignini who know how to exploit the process from soup to nuts.
Yes the law and courts in Italy must change. But the fault lies not in their 'stars', but in themselves.
Some other European countries also have criminal defamation laws. There may be an interaction between the dysfunctions of the judicial system and the laws against "calunnia" and defamation that negatively affects freedom of expression in Italy.
The UK also has very strong libel/slander laws, I think the UK standard is you have to be able to prove that what you say is actually true. Whereas in the US, a simple "I'm stupid and didn't know" is actually a defense (although I think the standard is different for libeling/slandering "public" as opposed to "private" citizens.
But the courts in the UK are also outrageously expensive, and the custom is that the "loser pays" the cost of the case. SO a wealthy person can afford to sue, and lose, while scaring the daylights out of a non-wealthy person. Or alternatively, trounce a non-wealthy person in court because they can only afford a crappo lawyer, in which case the wealthy person can be both abusive before hand, and ruinous after the fact, at least against the wee folk who dare to speak the truth and lack the resources to defend themselves.
I think in the UK, its a residual 'class thing', and in Italy it's a residual 'fascism thing'.
But what's fascinating is that Italy and The UK seem to have the strongest libel/slander laws. and yet they also have the most irresponsible and reckless tabloids that have so deformed their society using mass produced ridicule as a weapon of mass social destruction.
SO the fact that Italian courts are horrendous, doesn't seem to track in the UK. I think the common denominator is an utterly vicious and unmerciful press and media, based on credulous populations that adore the sleazy tripe in their gutter tabloids.
BUt in Italy the problem is compounded by a systemically broken justice system, a relatively poorly educated and gullible populace, and unscrupulous prosecutors like Mignini who know how to exploit the process from soup to nuts.
Yes the law and courts in Italy must change. But the fault lies not in their 'stars', but in themselves.
