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Should Social Media Be Held Accountable for User Actions?

Google Case in Italy Has Serious Implications for the Web

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  1. Wow…the sentence they’ve received is just too extreme for the situation. It would warrant a public announcement/apology of some sort…but jail time?

  2. Joe

    I think it’s absurd to punish a website owner for someone else’s content. Doing so would ruin not only social media but all viral aspects of internet marketing.

  3. This court ruling is absolutely ridiculous and just shows how the courts and politicians (in any country) are clueless when it comes to social media/user-generated content. The legal codes need to be seriously updated to join the 21st century or all of us will be the poorer for it.

  4. In Italy as in the US, too often there are lawsuits or criminal prosecutions that have no merit such as this one. In my humble opinion, it sounds like someone in Italy has a political agenda in mind and is trying to make an example out of the Google defendants.

    Fortunatelly for every internet user, and entrepreneur, Google has billions of dollars to spend in defending and appealing this lawsuit. In the end, I believe this will bring about some kind of unification in the EU with respects to the responsibility of the online providers, users and consumers.

    In the end, if this decision is not overturned, the real losers will be the Italian internet consumers. Any web domain can block specific traffic from accessing its content and a temporary solution that online entities can resort to is to block all traffic from Italy until this law suit is resolved. Who would then loose out? The Italian people and every Italian company that has a web presence.

  5. YouKiddingMe

    If *I* were Google, I’d shut down ALL access to Google(.com,.it,gmail,etc..) services from Italy. This is JUST in case something else violated Italian law.

    Watch how fast they change their stance, especially as they are not even following EU rules.

    Let’s not EVEN get into the fact that the videos were posted before Google had even completed the purchase of YouTube! That’s ignoring the blatant stupidity of the charges to begin with!

    Totally absurd!

  6. Keith

    I agree with My Circles that this sounds fishy from a legal standpoint. It would be interesting to hear more about the judge’s reasoning in making such a decision, especially given that Google cooperated with authorities in removing the video and identifying the perpetrators.

  7. dwork

    I can see two possibilities – 1) Social networks simply make themselves unavailable in countries that don’t provide a safe harbor (businesses first have to protect their own interests before the interests of their users), or 2) Pay for upload, which in turn pays for reviewer jobs and eliminates “real time” uploads. That would ultimately mean the end of ALL interactive sites as we know them. Its not hard albeit onerous for webmasters of small sites to review comments before posting, but to require pre-authorization for everything posted by users is beyond ridiculous.

    Consider — classified ads, blog comments, opinions like this, community bulletin boards, Craigs List, E-Bay … Option #1 would probably be the course of least cost and least resistance, essentially eliminating access to any interactive Internet site for residents of countries that don’t protect service providers from the actions of their users.

    • Ryan Kempf

      Its Really sad the Internet could be fun and safe but some poeople choose to treat it like a back alley and LET ANYTHING GO ON IF THAT IS THE CASE is the internet really safe?????

  8. kesseljunkie

    This is like something out of an Ayn Rand novel — social parenting by a/the government so absurd it’s almost impossible to believe.

    • Ryan Kempf

      integerty a lost art I think so if Social Networks want to keep their integerty and remain popular they must know what goes on on their respective Network those that let just anything on their website then they will lose popularity

  9. Ryan Kempf

    Lets say you have a apartments and their are bad things going on there the Landlord should make him or herself aware of the situation least they be held accountable same way with Social networks they must keep check on things going on because they should be held accountable if and they don’t know the activity going on on their site then they are just plan irresponsible on their that

    • Guest

      Landlords do not have the right to intrude on their tenants privacy. They can not control what is going on behind closed doors and most of the time have not a clue what is going on. Why would you hold them accountable?

      The people who are doing wrong are the ones that should be held accountable. Do not take it out on the innocent ones trying to make a living!

      Social Networks are providing us with connectivity to others around the world and they can not monitor everyone out there. They are trying to earn a living and provide us a service. If someone is doing something wrong or illegal then they should be punished and not the Social Network provider!

      Human society should re-think this subject about punishing the service provider for something that someone else did wrong!

      • Ryan Kempf

        When the Police come and wish to search an apartment for drugs and the tenant or tenants are not home so the Landlord gets contacted and if he refuses to let them in he is obstructing justice don’t you think? so indeed he or she is responsible to at least some extent just like a social Network ought to be charged if they allow porn on their website just because they are not aware of it doesn’t make them innocent

    • chobiche

      So with your example of the Landlord then say the tenants are busted for having a Meth Lab…so the Landlord should be jailed as well b/c they are also accountable?

      Does that make any sense? So since the landlord maybe doesn’t own the property out right…he has a mortgage does that make the Mortgage company liable too b/c they are technically owners of the property?

      Ryan you are too far gone…you must be a socialist or something…

      • Let’s prosecute the TV manufacturers for letting buyers use it to watch illegal porn.

        Let’s prosecute the phone companies when someone makes an obscene phone call?

        Where does it end?

        This is what China is trying to do to Google.
        Maybe China has asked Italy to start the ball rolling?

  10. LauraC

    To an certain extent the service providers are responsible for the type of content they allow to be uploaded, stored and served in a public domain – that should be very clear in their T&Cs, privacy policies and mission statement. HOWEVER, the individual should always be held accountable, and responsible, for his or her own behaviour. I think this will be a wake-up call to social media/UGC sites to extend their user T&Cs to indemnify themselves against legal action through user behaviour. It only takes a few to mess it up for everyone. I disagree with the precedent this ruling is setting in Europe, and the message it is sending to irresponsible individuals. When you make the corporations pay, the individuals feel even more empowered to push the boundaries further into the grey knowing they are safe from personal liability and prosecution. It’s reprehensible.

  11. Steve S

    We have to understand that the internet porthole in social sites such as this are the same as what is shown on TV. If this content harms or defames the persons included in questionable videos such as these, the poster and the media that allows should be subject to character defamation or legal prosecution. When videos are showing the taunting of a limited skills or helpless person, it is easy to screen out with a review. I know two kids that have autism. It would be obvious that if someone taunted them, it would show as an abnormal situation instantly on video.

    The same should be noted for any crimes against persons caught on video.

  12. Dennis Hayes

    The main problem with the web is that everyone (if they wish to be) is anonymous. Anonymity creates an environment where I can do and say what I want with no responsibility.

    If the names/email addresses of the posters were readily or easily available this kind of behavior would decrease if not disappear totally.

    • Well, in this case with Google’s help they did identify the people responsible for the video. There is no such thing as total anonymity on the internet. These kids learned that the hard way, and hopefully others will take note.

  13. The Ex-pat European

    It’s the usual thing. In the US, courts stick it to big corporations because it’s popular to do so. In the rest of the world, courts stick it to US corporations because it is mega-popular to do so. This has absolutely nothing to do with the video. It is nothing but an Al Capone style shakedown of US business. It is exactly like the drunk in the bar who picks a fight with a professional boxer – he knows that if he loses, it makes the boxer look like a thug, if he wins, it makes him a hero, and if the boxer just walks away, then the boxer looks like a wimp. Heads I win, Tails you lose. It’s all about lining a few Italian pockets, while once again making America out to be the wicked capitalist exploiter.

    If you’re an American who has never lived in Europe, this will sound so bizarre that you won’t believe a word of it. If you’re a European who has never left your own country, you are probably so brainwashed by the insidious anti-American propaganda with which you are constantly bombarded that you won’t either. But every word of it is true.

    • They go after the deepest pockets.
      The kids have nothing, but Google…..

  14. Guest

    This is a blatant case of attacking freedom of speech, and has become a witch hunt to punish someone, anyone! No, The google executives should NOT be punished for the actions of others. Tell the Italian’s to go after the one who posted it! If the poster breaks the law of the land, they should be held accountable, not the web site.

  15. Guest

    Unfortunately people are idiots and need to be held accountable for their actions, but the “authorities” are not interested in doing their jobs, because they are lazy, media whores.

    It sounds like the Italian authorities probably caught hell for the lenient “sentence” that the bullies received and have been publicly embarrassed for their weak action in the handling of the case… So, now — in their arrogance and infinate ignorance — they feel the need to take the heat off themselves and place blame elsewhere.

    Choosing someone with a very recognizable name — such as Google — will get the Italian media whores plenty of attention… however… in reality, all they did was draw more negative attention and bad publicity to themselves for being so incredibly ignorant and stupid.

    I completely agree with YouKiddingMe… until Italy can grow some brains, cajones’ and common sense they should be banned.

    **Please note… this is not a bash against Italy or Italians, there are media whores who abuse their power and positions worldwide, who also do things just as stupid, however this article is about an Italian case.

  16. James Dorans

    Well I agree with The Ex-pat European and Dennis Hayes 100%.

    I get what Joe is saying but the minute the video goes onto the web site it is the website’s content which would help the website’s traffic and ranking in that is right Google.

    I don’t 100% agree Google should have gotten in trouble. But for it Google should go around and sue the people that put up the video since they had execs get damages in there actions. I would sue the people that did it $300,001 part of the exec salaries plus bandwidth they used.

    Also agree with YouKiddingMe, also take off all Italian content as well.

  17. Mike

    There’s a twist on an old saying that goes like this, “Hell hath no fury like a vested interest masquerading as a moral principle.”

    Italian Prime Minister Silvio Berlusconi is also an Italian media mogul who sees in Google’s content and advertising a huge competitor. Check out the extent of Mr. Berlusconi’s media holdings on Wikipedia. There is little doubt among cognoscenti that Mr. Berlusconi has the Italian courts in his pocket on this ruling as he seeks to limit the competitve presence of Google in Italy.

    It is also worth noting that Italy has the lowest internet usage among western European nations.

    • Guest

      We knew there had to be some greedy, hidden agenda.

      Thank you for bringing this to light.

      Greed… the new cancer.

      • Use financial greed to get the decision reversed.

        Cut off Italy until they reverse the decision.

        All the businesses and social media users will put enough pressure
        on the courts to get it reversed. Googles loss in revenue will be
        much less expensive than the legal fees to fight it.

        Too easy, as peer pressure is stronger than any lawyer.

        • Valeria Vernon

          Unfortunately the decision will likely be reversed: I guess it was only a warning, but in the meantime, please, please do not torture your keyboard with all these clever theories

  18. Rey

    Governments must stop treating us as if we were children and must also see the good that negative materials can do. For example that video once it was learned about probably generated alot of interest in auticism and I get that donations for autistic causes went up shortly after. In any case just as it is impossible for the library of congress to screen every document going into it and I bet a similar issue exists in Italy and EU, website owners and operators cannot screen everything. Besides I bet the server those things were in were not even in their country so they are doing a far fetch reach to start with.
    With almost every large website embracing social network principles and having a lot of user generated content, even government sites themselves, there is no way to stop the movement and no way to keep check on it, so execs specially high ranking execs cannot be held responsible for it. I mean thereare many government sites with user generated content, can the government hold itself responsible if there is bad material there? If the servers are in th US and the company is large and does not have a branch in the EU or that country yet the users from that country still see it, are they going to try the execs in aucencia?

    If they do this, they will have a hell of a time with anarchists doing things in secret. Also imagine if I wanted to hurt Google, all I needed to do is upload a video that migh pass mustard but have a hidden few frames that break the law and they put it up and its jail time for them, how can anyone be thorough enough with filters, even if it was possible? It would be great to have these laws because if you do not like someone get them to accept bad material and put them in jail!!!!!!!

  19. James Dorans

    Well with this Law Suite Google now has to be more defensive. You are right but privacy hurt them this time.

  20. I’m confused. If the Google employees have been found guilty of a privacy violation, does that not imply that they’re in trouble for exposing the content poster? Not for the content itself? Did they release the IP and server info without a warrant from the Italian authorities?

  21. It seems utterly ridiculous and audacious to hold social media venues accountable for user inappropriate behaviors. If the court decision favors the plaintiff, I think it would have negative and possibly devastating consequences for the web and innocent users. It is so disheartening that it seems far too often, innocent people must always suffer unpleasant and imposing consequences due to the deviant behavior of the guilty.

    It is my prayer, that being the giant of a company they are, Google will triumph in the end.

    • Valeria Vernon

      … to those who suffered instead

  22. Nick Baer

    We want media to exist to promote the free flow of ideas.

    Just as we don’t want Apple to censor sexy Apps, we don’t want FOX News to be falsifying “news” and inflaming the electorate. Google, YouTube, etc. should be more pro-active in editing illegal content on their search engines. YouTube is quick to delete a video that has nudity in it, but not so for videos with hate speech, copyright infringing music (sorry, the new links to iTunes to buy the song used illegally in an uploaded video doesn’t cut it), violence, and worse.

    I think Google should be a few more of its resources towards cleaning up the garbage pail that YouTube and its search engine it. Maybe this court decision will nudge that, but Google is pretty arrogant and self-righteous, so maybe not.

    But it really serves no purpose to have such a platform for hate, violence,a nd illegal activity.

  23. Guest

    Just another thought to throw in the mix. Who owns the content on a social site is it the publisher or the host ? if a publisher no longer owns their content once its up there and public surely the host has some responsibility as the owner of the content to check what they are publishing no ?

  24. Call me paranoid if you like, but considering who is the current Italian prime Minister and his history so far of muzzling the opposition, what better way than nobbling Google Execs and the like and trying to frighten off the conduits of protest. Mind you, it’s Italy now, Murdoch yesterday, and I have no doubt that politicians everywhere are hoping the day will come when they also can stifle dissent. Long live Internet freedom!

  25. Robert

    The point of contention in this case is: the time it took for action on this invaseive and injurious video.

    The video was not only present on YouTube for 2 months, it was also one of the most frequently visited vidoes on the site. If that didn’t warrant Google staff droping in to see what it was all about, then what, pray, does?

    And no Google staff did anything until outside bodies complained. In view of the harmful nature of teh vidoe, this moral laxity on the part of Google staff is culpable.

    Google and others have invented technological means to automate their ends very well when it suits them. They can do the same for dangerous and injurious or otherwise unacceptable material on their sites any time they care to get on with it.

    It is right that the Directors were sentenced; it is ultimately their responsiblity to set their companies in good standing. At present Google’s usual show of self-righteiousness has worn thin.

  26. What was the judges point? What will he protect through his ruling? Who will he stop in the future on Youtube? Why are the people that provide the infrastructure for valid social communication responsible for irresponsible people? If you build a road and you use it for get from point A to point B then some else uses it to bring a criminal act from point A to point B is it the roads fault, the road builder, the road user or the road police? If you use a fork to eat with and some uses it to commit a crime then should the fork maker be held accountable, the fork owner, the fork user, or society in general for not making sure that forks are not viewed as possible weapons? These are all questions that need to discussed and OPEN communications forums and things like youtube are only as useful and SAFE as the people that are using them, only as responsible as they are, only as thoughtful as they are and only as lawful as they are. So let me get this straight what does that have to do with GOOGLE again…???

  27. Robert

    User defined content which the web is build around should not have any bearing on what other people do. In a case of “DontDateHimGirl.com” a person was accused of cheating by another person and he tried to sue the website and owner of the website and lost because the website and or owner of the website had no interaction with the person posting the blog. Websites just give the space and ability for users to be herd which is our right to speech. This is what you get when you try to do the right thing for government ie.. prosecuted for something you did not do.

  28. Rockman

    The Google decision may seem extreme but highlights the game played by both social media and mainstream media; the more outrageous the content, the more traffic is generated. CNN broadcast a sniper killing a US soldier, Fox News shows vids of brutal girl fights, NBC replayed an Olympic Luger crashing to his death – in slo mo. The game is to broadcast, or facilitate the broadcast of shocking content that is only removed under threat of prosecution or negative public sentiment. The warning, “caution, some viewers may find this video disturbing” is ratings gold. Problem is media (social and mainstream) benefit from shocking content.

    Key issue is one of foreseeability and whether a duty of care exists. Few cry 1st Amendment when a hosting company is held liable for the actions of spammers or child pornographers especially when said company knows exactly what is going on. Google knows full well that UTube facilitates the dissemination of uncensored content and violation of trademarks and copyrights. In addition, Google states that any requests for takedowns of copyrighted material will be publicly displayed in an attempt to discourage copyright owners from enforcing their rights.

    Consider this, everyone. Someone takes a vid of your wife, girlfriend, sister, or mother being raped and beaten to death. The vid is uploaded to UTube where it garners a million plus views until taken down. 1st Amendment?

    The next battle? I predict Google’s location services and facial recognition apps will result in a few high profile assaults and murders (what a great way to track down that pesky chick that won’t go out with you). With social media comes social responsibility. Everyone should vet content before they use it.

  29. Guest

    The case that you can’t comment under original post says it all. Anybody can defamate you on the google’s public places like youtube or blogger or buzz, but nobody can defamate google on it’s own blog. This is definitely double moral standard., one for google, the other for everybody else. In this Italy case, google workers commited criminal acts according to Millenium Digital Act, yet google claims that “they are not guilty”.

    • Marilyn

      Yes, I think Google can and should be held responsible in part with the person(s) who posted the video. Is the judge trying to send a message and use a large worldwide company as an example? Probably. While I think the possible sentence sounds harsh and perhaps a large fine would be more appropriate, a fine woud be too easily shrugged off by Google and not as impacting. For Google to say they didn’t know about the video in advance and acted responsibly by taking it off when notified…is an excuse, a cop-out and too little too late. Remember the Jenny Jones talk show case? A death occurred due to comments aired on the show. Jones and producers were “shocked and saddened” but didn’t think they were responsible. A life was taken due to someone being humiliated on the show. The outcome could have been different for the dead man and for the show…if some restraint (instead of seeking ratings) had been used. At the least, Jenny Jones’ name, the show, and the show’s producers would not have been dragged through the mud. And who knows, they may have remained on the air.

      The common response here would be…not everyone who posts to a blog or downloads a video is capable of such violence. How could anyone know in advance the outcome of John Smith in Wichita reading a blog about gardening and then going on a shooting rampage at a garden store? You can’t…and that’s the point. Because Google can not be sure of the intent of posting a video or how it will be received by the public, they should have done everything they possibly could have to avoid accusations of irresponsible behavior. They have not gone the extra mile to protect posters, viewers or themselves.

      The Google case is another of corporate greed…ignoring the right thing to do (setting standards for videos and reviewing them before posting) because they don’t want to hurt the popularity which leads to their profit margin. (Toyota?) Making decisions concerning excercising restraint as the right thing to do versus considering profit as the top priority, is out of balance in our culture today. These executives get paid the big bucks to make tough decisions. They took the easy approach…if it feels good (and puts money in my pocket) do it. Freedom of speech is a wonderful thing but responsibility comes with it…for those who post and for those who provide the opportunity.

  30. Valeria Vernon

    Is your freedom of posting a disgusting image or video more important than somebody else’s suffering?

    The limit of your freedom lies where somebody else’s freedom starts which means that the web cannot be totally free as long as idiots will do what they want and make others suffer cruelly.

    Put yourself in those poor people’s shoes and try to immagine how they feel, it’s destructive.

    It was not the first time that this happened, so I think that the judges wanted to give a warning to these managers, I don’t think they’ll go to prison, but they’ll perhaps give up a small part of their huge profits to pay people so that these videos cannot reach the public.

    They say that these filters are not applied because there must be freedom. It’s only an excuse, believe me. Don’t fall in the “freedom” trap: they are using this word and you to spare money, that’s all.

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