Tough Times For Social Networks

1. Italian lawmakers periodically take on the issue of Internet regulation for gaining consensus in the public opinion and come up with proposals for rules, meant to tighten control on on-line content.

   Already back in 2007 a group of local MPs had expressed serious concern about a vacuum of legislation, which – so they felt – could be found with respect to improper exposure of minors to harmful web content. At the time a draft bill was therefore presented in the House, meant: (a) to prevent providers from accepting content submitted by users aged less than fourteen, and (b) to make posting of content by adolescents aged between fourteen and seventeen conditional to parental consent. The bill also provided for severe sanctions for non-compliance as well as for co-liability of minors' parents and of providers (who would be ask for blocks of certain websites).

   The initiative was heavily opposed both, by free speech advocacy groups and by the Italian Association of Internet Providers. The possibility of putting in place technical measures apt to achieve the indicated aims was also questioned.

2. Recently (in January 2009) an additional aspect of the problem was addressed by the Italian Information Commissioner (Autorità Garante per la protezione dei dati personali). In a key note speech delivered in Rome during the 2009 European Data Protection Day the Commissioner high lightened the need of achieving a balanced coexistence on virtual platforms between individuals' expectation to freedom of expression and their right to privacy. He therefore specifically acknowledged the general interest of maintaining the Web 'open and freely accessible', but also called for increased sensitiveness towards additional rights of individual Net citizens and felt that efficient protection of 'on-line rights' would necessarily imply adequate user consciousness about the many and serious risks present on the Internet. In detail the Commissioner to the purpose called for:

   adequate educational initiatives aimed at rising the level of awareness about potential misuses of personal data made available on the Internet, efficient means of self-regulation, favouring Web users' 'responsible behaviour' and 'accurate selection' with respect to personal (in particular, sensitive) data uploaded to the on-line platforms, increased involvement of Providers, who were invited to focus on more intensive user information/education and on offering technical means allowing to prevent...