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Update: We received notification on 23 July 2014 that the same court has rejected the Angeluccis’ claims against Wikimedia Italia and has awarded the chapter €17,000 in expenses. The court further ruled that Wikimedia Italia has no corporate relationship with the Wikimedia Foundation, nor does it own or manage the Wikimedia sites. We congratulate Wikimedia Italia on this well-earned victory.

Last week, the Wikimedia community obtained a resounding victory in Italian court. For more than four years, the Wikimedia Foundation and Wikimedia Italia [1] had been involved in a lawsuit initiated by Italian politician Antonio Angelucci and his son, Giampaolo. The Angeluccis were seeking €20,000,000 from the Wikimedia Foundation over allegedly defamatory statements appearing on two Italian-language Wikipedia pages.

Rome’s Civil Court handed down its ruling [in Italian] on 9 July, 2014 with respect to the Wikimedia Foundation, dismissing the lawsuit and declaring that the Foundation is not legally responsible for content that users freely upload onto the Wikimedia projects. The victory, however, runs deeper than the case at hand. The judgment is the first full consideration of Wikimedia’s standing in Italy,[2] and the ruling itself paves the way for more robust free speech protections on the Internet under Italian law.

The Angeluccis argued that the Wikipedia pages for Antonio Angelucci and for the Italian-language newspaper Il Riformista contained false statements that supposedly harmed their reputations according to their claims. Generally, the European Union’s E-Commerce Directive limits the liability of hosting providers for content that users upload; however, the Angeluccis asserted that Wikimedia Foundation’s activities were more akin to a content provider and that no exemption of liability according to the Directive would apply or at least Wikipedia should be deemed as an “online journal” and thus the Foundation should be liable under the stricter standards that apply to the Italian press.

The Italian court rejected this argument, stating that while the Directive does not directly apply to the Wikimedia Foundation as a non-EU-based organization, the basic principles of the Directive apply. In compliance with such principles, Wikimedia must be recognized to be a hosting provider, as opposed to a content provider, and thus it can be liable for user generated content only if it gets explicit notice of illicit information by the competent authority and fails to remove it.

The court stated that Wikipedia “offers a service which is based on the freedom of the users to draft the various pages of the encyclopedia; it is such freedom that excludes any [obligation to guarantee the absence of offensive content on its sites] and which finds its balance in the possibility for anybody to modify contents and ask for their removal.” The court went on to state that the Foundation was very clear in its disclaimers about its neutral role in the creation and maintenance of content, further noting that anyone, even the Angeluccis themselves, could have modified the articles in question.

Lively discussions and even disagreements about content are a natural outgrowth of creating the world’s largest free encyclopedia. However, the vast majority of these editorial debates can be and are resolved every day through processes established and run by dedicated members of the Wikimedia community. We strongly encourage those who have concerns about content on the Wikimedia projects to explore these community procedures rather than resorting to litigation.

Attempts to impose liability upon neutral hosting platforms — our modern day public forums — threaten the very existence of those platforms, and stifle innovation and free speech along the way. When the need arises, the Wikimedia Foundation will not hesitate to defend the world’s largest repository of human knowledge against those who challenge the Wikimedia community’s right to speak, create, and share freely.[3]

Michelle Paulson, Legal Counsel

Geoff Brigham, General Counsel

The Wikimedia Foundation would like to express its immense appreciation towards the incredibly talented attorneys at Hogan Lovells, who represented the Foundation in this matter, particularly Marco Berliri, Marta Staccioli, and Massimiliano Masnada. Special thanks also goes to Joseph Jung (Legal Intern), who assisted with this blog post.

Note: While this decision represents important progress towards protecting hosting providers like the Wikimedia Foundation, it is equally important to remember that every individual is legally responsible for his or her actions both online and off. For your own protection, you should exercise caution and avoid contributing any content to the Wikimedia projects that may result in criminal or civil liability under the laws of the United States or any country that may claim jurisdiction over you. For more information, please see our Terms of Use and Legal Policies.

References

  1. While the court has handed down the judgment with respect to the Wikimedia Foundation, it has not yet done so with respect to Wikimedia Italia. We expect a ruling to be handed down shortly.
  2. In a special proceeding, an Italian court previously declared that Wikimedia is a mere hosting provider that it is not liable for user-generated content. An account of the earlier victory can be found at: https://blog.wikimedia.org/2013/06/26/wikimedia-foundation-legal-victory-italy/.
  3. The Wikimedia Foundation has successfully defended against similar lawsuits in the past. You can read more about some of our previous victories here: https://blog.wikimedia.org/2013/06/26/wikimedia-foundation-legal-victory-italy/, https://blog.wikimedia.org/2013/12/02/legal-victory-german-court-wikimedia-foundation/, and https://blog.wikimedia.org/2012/12/04/two-german-courts-rule-in-favor-of-free-knowledge-movement/.