Diritto, IA e Regolamentazione UE

Media and Criminal Procedure

• Media in recent years have significantly impacted Italian criminal justice, with rapid dissemination of investigation news (through newspapers, television, and social media) potentially influencing public perception of guilt before trial, potentially violating the principles of due process.
• The interplay between media and criminal trials is governed by a complex system of laws aiming to balance freedom of the press with the fundamental rights of those involved.
• Two major judicial systems exist:
  • Inquisitorial system (previously used in Italy). It maintained secrecy in proceedings, preventing any disclosure.
  • Accusatorial system (introduced in 1988). This model supports public trial transparency and accountability.
• There are limitations on disseminating information:
  • Article 114 of the Code of Criminal Procedure bars the release of pre-trial investigation documents to maintain secrecy.
  • Article 329 of the Code of Criminal Procedure establishes a framework for disclosing information covered by investigatory secrecy in specific and limited circumstances only.
  • European Union Directive 2016/343 emphasizes the presumption of innocence, requiring member states to ensure that information on criminal proceedings doesn't prejudice the accused.
• Media coverage of criminal proceedings can simplify and sensationalize cases, potentially distorting public perception and influencing public opinion.
• Media coverage can affect witnesses and investigations.
• Media coverage can affect the reputation of the accused.
• Disciplinary and criminal sanctions exist for publishing unauthorized or classified information regarding criminal proceedings.
• The objective is to balance the right of the public to be informed with the right to a fair trial and the presumption of innocence.

Sanctions for Violation of Publication Prohibitions.

• Legal sanctions exist for publishing unauthorized legal information.
• These sanctions are often insufficient in deterring such infractions.
• Disciplinary sanctions are imposed on state employees and professionals involved in criminal proceedings (police officers, lawyers, journalists, etc.) when they publish unauthorized information.
• Criminal sanctions are possible to punish those who violate the confidentiality rules (Art. 684 of the Italian Penal Code) with a maximum penalty for divulging confidential information.
• Typically, the penalties are light, and the possibility of obtaining leniency and avoiding trial.

Data Protection

• Data protection is a basic right that guarantees the safe and private handling of personal information.
• It's of increasing importance in the digital age.
• The concept of privacy (protection against surveillance) is different from personal data protection. Personal data protection involves the treatment of personal information and rules applicable to those handling it.
• GDPR is the primary EU data protection law. It promotes data protection standards across EU member states, addressing transparency, consent, and individual rights.
• Fundamental GDPR principles are:
  • Lawfulness: Data processing must be lawful, correct, and transparent.
  • Purpose limitation: Data collection is only allowed for specified and legitimate purposes.
  • Data minimization: Data collected should be the minimum.
  • Accuracy: Data must be current and accurate.
  • Storage limitation: Data cannot be stored indefinitely.
  • Integrity and confidentiality: Data must be protected from unauthorized access.
  • Accountability: Those handling data must demonstrate compliance.

Right to be Forgotten

• The right to be forgotten allows individuals to request the removal of their personal information from the internet, typically when the information is outdated or irrelevant.
• This right balances freedom of expression (with the public's right to information) and privacy, ensuring the right to not be remembered for events in the past.
• The Google Spain ruling by the Court of Justice of the European Union (CJEU) set a precedent, requiring search engines to remove relevant but outdated links from search results.
• The right to be forgotten, implemented in the 2018 GDPR, isn't absolute in practice.
• Some considerations include balancing the right to be forgotten against the right to information.
• Restrictions can apply if information is still relevant to the broader public interest or if it is essential to freedom of expression.

Media Concentration and Pluralism

• Ownership concentration (a few large companies controlling much of the media) in Italy impacts informative pluralism. Previous legislation (such as the Gasparri law) primarily aimed to regulate media ownership but not necessarily to ensure diverse voices.
• The European Court's Vivendi-Mediaset decision highlighted conflicts between Italian regulation and EU media market rules.
• The growth of pay-TV and streaming platforms, alongside social media, presents new challenges to media pluralism.

Platform Responsibility: An Evolution in European Law

• Initially, online platforms weren't held accountable for content shared by their users.
• The growth of instances like misinformation, hate speech, and copyright violations compelled the EU to develop regulations to ensure platform transparency, security, and accountability.
• The EU created directives and regulations, and the Digital Services Act (DSA), to ensure online platforms take responsibility for the content they host.

Artificial Intelligence and Its Regulation in Europe

• Artificial Intelligence (AI) has become an integral part of society affecting many sectors (the internet, healthcare, and customer service).
• The development of advanced algorithms allows models to analyze vast amounts of data, predict outcomes with greater accuracy, and even simulate human reasoning.
• This has raised ethical and legal concerns that include potential misuse in different domains, and the need for regulation.
• European regulations aim at ensuring that AI is deployed responsibly and ethically.
• The key concern is preventing discrimination and excessive surveillance.
• Generative AI produces content in response to textual prompts, posing questions about originality and ownership rights.
• Legal issues around AI and copyrightable works arise as AI models are trained on large datasets, some potential sources of which could be protected by copyright.
• Regulations are needed to define the boundaries of AI use to avoid infringement.
• The EU wants to create a safe, ethical, and trustworthy online environment, where AI is used in a responsible manner to benefit society.
• A key concern is that training data may produce biases in judgments and outcomes.
• The AI Act aims at harmonising the application of European directives and regulations for AI across the EU.
• The AI Act creates a flexible approach to AI risks.

AI in Media and Academia

• AI is now used to combat misinformation (fact-checking, detecting patterns in misleading content).
• AI can create deepfakes: misleading or false content with high technological quality (manipulating images, videos, or voice).
• AI can improve writing – helping academic research and analysis, but requiring human expertise to check for accuracy, source reliability, and avoiding plagiarism.
• There's a need for guidelines and rules on how to effectively and correctly utilize AI tools for academic writing.
• AI in social media helps personalize content, improve user experience, and support marketing campaigns.
• The EU has developed an AI Act that will guide AI use to benefit society and protect rights.

Esplora l'impatto dell'IA sul diritto, la comunicazione e la sua regolamentazione nell'UE. Approfondisci le sfide legali, l'IA generativa e le normative come la Direttiva sui Servizi di Media Audiovisivi.