Italian law on tapping

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The draft law decree on tapping, which has recently passed the vote in the Italian Senate (upper house), has triggered an intense debate in Italy concerning freedom of expression, particularly by journalists and the press in general. The act modifies the Italian penal and procedural codes and introduces new clauses sanctioning the behaviour of magistrates, journalists and publishers in case of non compliance.

In particular, the act takes a questionable interpretation of data protection (see the intervention of the Italian Data Protection Authority on the point) in order to limit the quantity and timing of the publication of information gathered through telephone interception in addition to any data concerning existing investigations used in the course of court proceedings. Under the draft, publishers would face fines of up to €450,000 for publishing reports on wiretapped conversations and leaks of police interrogations. Journalists who report on such material would face prison sentences of up to 30 days and fines of up to €10,000. The use of tapping information will also be restricted for prosecutors: requests to order phone taps, based on ‘strong evidence of a crime’, will have to be presented to a panel of judges, for approval; such approvals will need to be confirmed every 3 days for the tapping activity to continue.

According to Italian procedural rules, a double approval by the two Chambers of the Parliament on the same text is required for draft laws to be adopted. The draft law will face a vote at the lower house of the Parliament. If modifications are adopted, the text will require a new passage to the Senate for approval.

See the provisional text of the law decree.