Council of Europe: Does Italy have freedom of the press?
Opinion of the Venice Commission to be discussed on Saturday

Venice, 11 March 2005 – Does media pluralism exist in Italy? The
Venice Commission has been asked by the Parliamentary Assembly of the
Council of Europe to give an opinion on this question in the light of
the Gasparri Law (consolidated legislation on television
broadcasting) and the Frattini Law (conflicts of interests). This
reveals the Parliamentary Assembly’s fear that Italy, an “old”
democracy, may be violating a freedom, the freedom of expression,
crucially important if a society is to call itself “democratic”. The
subject will be raised during the 62nd plenary session of the
Commission which will take place at the Scuola Grande di San Giovanni
Evangelista from 11 to 12 March. The Commission – chaired by Antonio
La Pergola and composed of 50 distinguished independent legal experts
from different European countries who are totally impartial – is to
state whether the two laws lately passed by the Italian Parliament
meet Council of Europe standards and the criteria laid down by the
European Court of Human Rights.

In January a delegation of the Commission headed by its Secretary
Gianni Buquicchio spent two days in Roma consulting the categories
directly concerned and institutional and political figures, and
looking into the technical aspects of the two laws and their
implications for freedom of the press in Italy.

The Venice Commission’s delegates, MM Tuori (Finland), Helgesen
(Norway), Grabenwarter (Austria) and Paczolay (Hungary) met
Government and Parliament representatives, spokesmen for the majority
and the opposition, communication watchdogs and members of the
“Commissione di Vigilanza” (supervisory committee) for the Rai
broadcasting authority, the leadership of the journalist’s
association and representatives of the Press Federation.

During the 62nd plenary session, the Venice Commission will also
consider the possible need for constitutional reform in Bosnia and
Herzegovina, the proposed constitutional reform in Georgia, and the
provisions governing religious freedom in Serbia and Montenegro and

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