An Italian court in Milan has just convicted three Google executives of criminal charges. The court found them liable for an online video that they did not appear it, film, or have any role in posting, and which the company promptly removed when complaints about it were raised.
The Italian court, however, still held them responsible for the video and sentenced them to suspended six-month sentences. Experts say the case sets a dangerous precedent, and could dramatically restrict online content in Italy.
Thousands of people post videos each hour on YouTube and Google Video, and various court cases have questioned whether Google, which owns YouTube, is liable for every video that infringes on someone’s copyright or is deemed offensive to its viewers.
Google has argued that it’s only liable if offensive material stays up on its site despite complaints against it, and says that if the company takes complained-about videos down, it has no legal liability–like the rules it faces under U.S. law. Italy apparently disagrees.
The case pertains to a video that was posted to Google Video in 2006 showing four youths in Turin bulling a 17-year old who suffers either from Down Syndrome or autism (reports vary). The video received 12,000 views before the Italian police brought it to Google’s notice.
The company immediately took it down, and Google then helped the cops find the person who uploaded it, resulting in the identification (and school expulsion) of the four bullies. But the Google executives, who include David Drummond, Google’s senior vice president and chief legal officer, and George Reyes, Google’s former chief financial officer, were charged and convicted for criminal defamation and a failure to protect the privacy of the bullied teen.
Read the rest of my post for Discover Magazine here.
