Three
Google executives were convicted in Italy of allowing film of an autistic
schoolboy being bullied to be posted online in a ruling that could profoundly
change the way in which video clips are put on the internet.
The three Google executives — David Drummond, senior vice-president
and chief legal officer, George Reyes, Google's former chief financial
officer, and Peter Fleischer, global privacy counsel — were each given a
six-month suspended prison sentence, but were cleared of defamation
charges. A fourth defendant, Arvind Desikan, senior product marketing
manager, was acquitted.
Alfredo Robledo, the prosecutor, said that he was very satisfied
with the verdict in the case, adding: Protection of human beings must
prevail over business logic. Robledo said that the video, which was
posted on September 8, 2006, had remained online until November 7 and
should have been taken down immediately.
Google said that it would appeal against the ruling. The American
company said that the decision attacked the principles of freedom on
which the internet is built. Bill Echikson, a Google spokesman, said:
It's the first time a Google employee has been convicted for [violation
of] privacy anywhere in the world. It's an astonishing decision that
attacks the principle of freedom of expression.
Italian bloggers also criticised the verdict, with one blogger on the
La Stampa website declaring: From today we are less Western and more
Chinese.
Matt Sucherman, vice-president of Google and its deputy general
counsel for Europe, the Middle East and Africa, conceded that the video
was totally reprehensible, but said that Google had taken it down
within hours of being notified of it by Italian police and that none of
those convicted had had anything to do with it. He said: They did not
appear in it, film it, upload it or review it. None of them know the
people involved or were even aware of the video's existence until after
it was removed.
Sucherman said that the ruling by the judge, Oscar Magi, meant that
employees of hosting platforms like Google Video are criminally
responsible for content that users upload. If social networks and
community bulletin boards were held responsible for vetting every single
piece of content that is uploaded to them — every piece of text, every
photo, every file, every video — then the web as we know it will cease
to exist and many of the economic, social, political and technological
benefits it brings could disappear.