Italian Google trial threatens social media

June 23, 2009

Italian Google trial threatens social mediaAn interpreter’s illness has delayed a trial in Italy where four Google execs are accused of defamation and privacy violations for failing to block a video showing a disabled child being bullied. The delay means further uncertainty over the potential restrictions an unfavorable verdict could mean for all sites allowing user-created content.

The trial involves a video posted on the Italian Google Video site which showed a boy with autism being physically and verbally abused. The bullies were shown making a mock telephone call to Vivi Down, an advocacy group for people with Down’s Syndrome.

The footage later led to a conviction and community service sentence for the bullies. However, Vivi Down brought legal action against four senior Google staff including legal chief David Drummond (pictured) claiming it breached the child’s privacy by allowing the clip to be shown. Originally the boy’s family was a partner in bringing the action but has now withdrawn from the case. The most extreme punishment available in the case is a three-year prison sentence.

The BBC reports that the prosecutors accept it’s not practical for Google to pre-vet all clips. However, they argue that Google did not remove it quickly enough. (How long the bullying clip was online is disputed and will be argued as part of the trial.) The lawyers also say Google needs more effective automated filtering, and did not have enough staff assigned to monitoring clips on the Italian site.

The most extreme outcome available in the case is a three-year prison sentence. If the executives are found guilty and receive a serious punishment, it would raise serious questions about the balance between the risks of allowing unsuitable clips to be online and the resources needed to minimize those risks. It could also have implications for other social media sites which allow uploads such as images.

The trial originally began in February but this week would have seen the first actual evidence given. The defendants are not appearing in person at the trial, but a technician for Google was scheduled to give evidence about how the video site worked. The interpreter assigned to the case failed to turn up and, with the courts heavily booked, the case was adjourned until Sept. 29.



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