The offending video only appeared on Google Video for a short while as Google administrators removed the video after receiving complaints. The Italian prosecutor has ordered the defendants to appear in a Milan court on February 3 to face charges of defamation and failure to exercise control over personal data, an anonymous source told Reuters.

The order comes after an investigation into a complaint filed by an Italian Down syndrome advocacy group, Vividown and the boy’s father.

The video was filmed in 2006 using a mobile phone and showed the boys making fun of the other boy with Down syndrome and hitting him over the head with a box of tissues.

Google has fully cooperated with Italian authorities in their investigation and expressed "disappointment" with the decision to press charges against its employees. Under EU law, Google is not required to monitor third-party content on its sites.

Google has not yet received an official notice and is concerned the case could set a troublesome precedent. Google does not believe it should be punished for what is posted to its sites by third parties.

Interestingly the judge in the case is prepared to drop the charges of defamation and breach of privacy against the boys in the case if they own up to what they did, but apparently is not showing the same type of leniency towards Google.