Jonathan Richards
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Google is to face criminal charges in Italy over a video which appeared on one of its sites showing a disabled teenager being taunted by his peers.
Italian prosecutors have indicated that they will press charges against four Google executives over a video which was posted on one of the search giant's Italian sites in 2006, which showed four youths making fun of a disabled teenager in a classroom in the northern city of Turin.
Magistrates who have recently ended a two-year investigation into the incident claim that the airing of the 191-second clip, which showed the youths making fun of the teenager before hitting him over the head with a box of tissues, amounted to a breach of privacy and was defamatory.
A Google spokesman said today that the company had co-operated fully with the Italian authorities and that it was "disappointed" with the decision to send Google employees to trial.
"We believe that this proceeding is not about Google Video and what happened, but about the internet as we know it - an open and free environment," the spokesman said.
Google is understood to have removed the clip from the Google Video site within hours of administrators being notified of its existence in September, 2006.
Google has had several run-ins with governments around the world over its video-sharing site, which does not screen content before it is uploaded and relies on its users to point out offensive content.
The case bears resemblances to an incident in the UK in November last year, when a video which appeared to show a 23-year-old woman being sexually assaulted was posted on YouTube. Google, which owns YouTube, was not prosecuted in that case, although it admitted that it had been too slow to remove the clip.
The Italian investigation was prompted after a group acting on behalf of people with Down's syndrome was alerted to the video. The four youths who filmed the incident are also reported to have faced criminal prosecution.
A Google spokesman was quoted by the Wall Street Journal as saying that there was no basis for the legal action because under EU legislation - which has been incorporated into Italian law - Google isn't required to monitor third-party content on its sites. It must only take down offending content when it is notified.
The four executives involved are reported to be the chairman of Google Italy at the time, another Google Italy board member at the time, an executive responsible for privacy policy in Europe, and the then head of Google Video for Europe.
In the past governments in several countries - including Pakistan, Thailand, and Morocco - have temporarily suspended YouTube for streaming what they said was offensive content.
A spokesman for Google today declined to comment on the proceedings.
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a billboard is not the same as youtube, thats like trying to compare a raft to the saturn v, they both might be vehicles, but they work slightly diffrently. a billboard has to be actively altered by its owner, youtubes owners are completely passive in what is posted.
no case to answer whatsoever!
will, Grimsby, uk
I have a son with Downs, and if anyone harmed a hair on his head I would want to know about it. Strikes me this clip highlighted the bullying of a vulnerable person.
Rather than prosecute Google the authorities should bring the attackers before the Court.
Grenville Green, Nottingham, , England
steve: <i>"a person that owned a highway billboard would have responsibility for not posting child pornography. "</i>
If someone defaced a billboard with an obscene picture, would the billboard owner be liable if he sent out a crew to clean it up with a few hours?
DWPittelli, Adams, USA
Before you say "why doesn't" or "google should", ask yourself first: Do I really know enough about the workings of the entire system to know what I'm demanding?
Chances are, you don't. Neither do the Italian authorities.
This will end in embarassment for italian "computer experts". Guaranteed
Dave, SF, CA, USA
I think google has some responsibility in the same way that a person that owned a highway billboard would have responsibility for not posting child pornography. Even though the billboard owner did not make the ad, does not condone the ad, it must share some responsibility for allowing the ad.
steve, bala cynwyd,
How is Google so innocent? Is it because taunting a person w/disabilities isn't offensive? With great power also should come great responsibility. We wouldn't be so laissez-faire w/showing a torture. Persons w/disabilities are the last great minority & are less able to defend themselves.
Deb, Lincoln, USA
When people post comments on this news website and others, someone oversees the content of those comments. Not all are published, often due to vile content. Why doesn't Google do the same with videos? Simple solution, and the should have plenty of money to hire the required employees.
Janet Fuls, Cottonwood, CA USA
This sort of oppression of liberty must be stopped at any cost.
James E. Petts, Burnham, England
Why are the prosecutors going after google rather than the people who posted this information? It is because google has money, which the poster don't necessarily have. The prosecutors are typical scum lawyers, looking to suck blood out of google.
Karla H, margate, USA
What is truly tragic is old-world out-of-touch "geniuses" wasting public dollars because they have not one ounce of comprehension of the new world. The Italian prosecuters should be tried for taxpayer theft.
Jonas, Shropshire,
Why stop with Google? Why not charge every ISP that allowed its users to access You Tube? Why not charge every company that sold PCs that were (or may have been or could have been ) used to access You Tube? Why not charge the governments that did not force the ISPs to block You Tube?
Michael E Piston, Troy, USA
Newspaper actually control content. Google and other file sharing companies allow others to post without prior apporoval. It is completely different.
John Fox, Santa Clarita, U S
Laura from Edinburgh - a newspaper is created with editorial oversight. A website is not. Google is not a publisher - it provides the tools for people to publish their own material. If some people cannot be trusted, should we all face censure?
PB, London, UK
google is more intrusive than any govt - when will people realize this
when their cell phone service (free) is up, email, health records, everything u search, all the videos you send, news you read is all captured and everything you've done on / off line can be made into a profile..thats scary
Tom, LA, USA
Yes, this is a ridiculous case. Google has no liability here. This is clearly a case of the Italian government overreaching and seeking a bit of time in the spotlight.
If it ws possible to screen, what standards would be used? Yours? Mine? Some government's? Absurd!
tramky, Vallejo, USA
@Laura, UK - Newspaper's have a proof-reader and an editor, and they do not offer the ability to publish 3rd-party content. If Google did not have an upload feature, they should be liable. However, Google video is nothing more than a media hosting service, which is a different business model.
Andrei Gonzales, Manila, Philippines
The internet is just a tool; it is up to people to use it right. Punishing Google is the same line of thought that lead to gun makers being punished for creating other tools. The teens should be tried for Assualt and Battery. It is not Google's fault their tool was used for harm.
Dave, Sacrameto,
Ted in Jax Florida suggested this is an issue of natural rights. But the UN Declaration of Rights covers free speech too. It is not just a US law. In ancient Athens it was a 1200 year tradition. No laws. Athens thrived by allowing free speech to unpopular visitors, e.g. St. Paul.
Roy Bercaw, Cambridge MA, USA
Interesting that many readers don't hold Google responsible. Now if it had been a newspaper who had published a similar photo. How about that?
The Internet is just another medium. That in the YouTube model users create, edit and publish content does not seem to me to clear G of responsibility.
Laura, Edinburgh, UK
It's all about the money. They're going after a big company in order to impose outrageous fines. There's no crime commited here on the part of Google..
Jason, Fort Lauderdale, USA
Whoever complained should re-think their actions. Were they really thinking of the victim' privacy or their own agenda? My sister-in-law has Downs Syndrome, and here, in the States, she is considered her own person, and had that happened to her, she would be the first one to want the film shown.
joanne, coatesville, USA
The teens if convicted should be put in an adult prison and show the video to the other prisoners. I'll bet the taunting they gave this disabled youth will be nothing compared to what they'll get.
ken, Greene, Indiana
Google does have accountability in ways that would have been unforeseen a few years ago. Charging Google is NOT like charging the maker of a car or camera. The car or camera does not make a video visible to anyone in the world; Google does, and makes a fabulous amount of money doing so.
Dave, Wichita, USA
The answer is not obvious to me. Imagine pre-internet, a company owns roadside hoardings which are rented to advertisers. One of the advertisers puts up something distasteful/illegal which outrages passers by. Yes, the advertiser would be charged. But wouldn't we expect the owner to be liable also?
John Weaver, San Javier, Spain
This is insane. Google is just a vehicle for the internet. Its like suing Ford Motor company if youths taunt passersby while rifding in the car. What ever happened to common sense and PERSONAL responsibility and accountability? Put the poster of the video on trial!
Geo, Chicago, IL, USA
There are millions of videos uploaded daily to sites like YouTube. It would be impossible for google or any other party to scan every video that goes up for content that may offend some viewers.
Google is in no way in the wrong here.
Mike, Louisville, KY
as Jeff, Scottsdale says, about as sensible as prosecuting the manufacturer of the camera used to film the incident.
Marco, KrakOw, Poland
but don't try to invoke absolutes and absolutions that do not and should not exist.
George, Perth, Australia
the content of the video was is another example of discrimination against a person with a disability. If it was a videoclip about discriminatin against a black person, or a Jewish person, or another person who historically has been victimized, most people would not have trouble recognizing this.
John Smith, Allston, MA, USA
The freedom of speech is taken way to far. People need to understand you are not free to do ANYTHING you want to do. Grow up and understand there are rules and consequences. Go live in China and try to have as many freedoms as you do here. I rest my case.
David , Commerce, Texas,
Freedom of speech doesn't mean to citizens of Italy, nor "citizens of the World" what it means to citizens of the US. If the US chooses political leaders who forfeit our sovreign rights in favor of global inter-governmental organizations, Free Speach will only be a disparaged footnote in history.
Billy, San Antonio, USA
Get a life people. This stuff happens every day. The only thing that should happen is that the kids that are responsible should face charges of harassment. This is not a perfect world and people should stop reacting as if it were. If anything, Google should be applauded for bringing this to light.
Jeff, OC, USA
It amuses me when people don't realize that the right to free speech does equal the ability to publish anything you like even depictions of child cruelty, see Lolita for example And you have no idea why the video was posted - maybe it was posted to bring justice to the perps - not embarass the kid.
Cornell Steven, Washington, USA
It sickens me to read when people confuse free speech with the ability to publish anything they like, be it child cruelty or whatever, because it debases the principle. Yes, we ought to have a right to free speech, but we also need to have the responsibility to use it wisely and not as a get out.
Baz, London, UK
Why not charge the camera mfg and the maker of the hard drive
jeff, scottsdale, usa
Hey, they should give the guys a Google a medal. Do you think the punks that tormented the disabled kid would have ever been caught if it weren't plastered all over the Internet? Otherwise it would have gone un-noticed.
If the Italian gov doesn't like it then Google should yank there sevices.
Archer G, Seabrook, TX, USA
Irrespective of all our freedoms..yada, yada, yada...perhaps youtube should be advised that 'sensational' videos such as these might best NOT be placed in line with all the other 'sick' tapes people seem to be enjoying. Do we really need these perverted 'highs'? Where did our sense of decency go?
Giovanna, Torino, Italy
The Founding Fathers believed that free speech, as all the other rights in the Bill of Rights, is based on rights which are natural to all men. Therefore, even if this is violative of Italian law, to prosecute anyone for freely exercising expression is a violation of one's rights.
Ted, Jax, Florida
Grace--It is my understanding from this article the kids involved in the taunting are being criminally charged for their actions, not necessarily for posting the video . . . though I must admit, that is adding salt to wound, boasting over their evil little pranks . . . teach 'em a lesson somehow . .
Ules, L.A., USA
Google is an US Co. and if the computer server was in the US, Italy may have a hard time getting any extradition because the US has the 1st Amendment. Google should just tell the Italian govt. to chill out because this isn't in their jurisdiction even if the webpage was in Italian.
Rob, Arizona, USA
Free speech is your American right....I agree. Do you know Italian laws?
Jeremy, Indy,
Shrug. Why would Google be responsible for this? Just part of the "somebody's got to be blamed society" and a chance for a bunch of nothing lawyers to take a big name to court.
Kinda silly if you ask me.
Jack Lee, USA,
i don't see how google can be charged with anything. Were they the ones that made this tape? No. What about those who taped it? Can they even be charged? I don't see how. I have a son with autism so I hate when children with special needs are teased but to sue a free speech venue because of it?
Grace, Beaverton, united states