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The Boschi case. He is acquitted, but his blog is still under seizure

The defamation charges were dropped, but the Court of Appeal of Bologna forgot to restore access to the web site. A case that began in 2008

For having published on his blog a very critical text using, as far as the author is concerned, a satirical prose, in 2008 the blogger of Parma, Luigi Boschi, was sued for defamation by a businessman. Seven years later, in 2015, the Court of Parma held that article defamatory and sentenced the blogger. Fortunately for him, on March 17, 2016 the sentence was annulled by the Court of Appeal of Bologna, which acquitted Luigi Boschi declaring the offense prescribed. But access to his blog http://www.luigiboschi.it has remained inaccessible to major providers, by order of the judiciary. Boschi has submitted two requests to the Court of Appeal of Bologna and hopes that through this initiative will get the situation that is damaging him unstuck.

The case is of interest because it shows the approximation, also with regard to the procedures, with which the measures which relate to on-line publications are treated.

The trial began on June 5, 2012. At the second hearing, on November 29, 2012, the Court of Parma ordered the complete blacking out: to those who typed the name of the website, a sign that gave account of the intervention of the Postal Police appeared. Boschi, who had already voluntarily blanked out the content challenged by the plaintiff, appealed, and within a month the Court of Review reduced the scope of the measure opting for the decision to deny user access only for those articles.

The story moved on with the typical speed of Italian justice. On May 28, 2015 Boschi was sentenced by the Court of Parma (one year in prison with a suspended sentence, a 300 euro fine and a provisional seven thousand euro) and the confiscation of what had already been impounded. On September 29, the same Court ordered once again the total seizure of the site which, because it was hosted on a foreign virtual server, was obtained by ordering Italian providers to prevent access. Meanwhile, the blogger appealed against the conviction judgment and on 17 March 2016, the Court of Appeal of Bologna acquitted him by prescription. But it did not rule on the fate of the blog, which consequently would have had to be restored and instead remained impounded, and still is.

Eight years after the events, it appears paradoxical that the blog is still held under preventive seizure and its pages darkened, as also the lawyer Guido Scorza duly noted on the Il Fatto Quotidiano (read more).

Luigi Boschi bridles his tongue. He does not want to comment until everything will be resolved, but on his blog, for the few who are able to access it, he wrote: I have “used a satirical prose to denounce facts reaching even the obvious paradox, but always starting from reality, which has never been denied. And the satire, as you know, can not be kind! You may like it or not, but it is a way to mock the power, to strip those who can not be ironic with themselves. Satire peppers the online daily news, in the press or on TV. Those who fear or censor satirical prose, after all are just ashamed of themselves.”


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