
More than just a news story, it finally seems that I have to comment on a Supreme Court ruling seasoned with common sense: the chief editor of an online publication cannot be convicted under article 57 of the penal code, for “failure to supervise.”
How this ruling was reached
The chief editor of the digital publication “Merate online” had been convicted for failure to supervise by the Milan court. The Supreme Court, however, overturned the ruling, arguing that the offense cannot be applied to chief editors “guilty” of not having supervised the published material.
Why the ruling is correct
A chief editor of an online publication cannot control content that, after its approval, can be modified by anyone able to access the editorial system. The fact that content is approved and published on the web does not mean it is the final version, given how easily typos, errors, or even entire articles can be corrected. If blog operators cannot be held liable for failure to supervise (also because there is no chief editor), then why should an online newspaper—which technically is not that different from a blog—be prosecuted through its chief editor? After all, an online newspaper is written by multiple people, while a blog, in its classical sense, is written by just one person (the blogger).
What Article 57 of the Penal Code provides (applicable only to print media)
57. Offenses committed through the medium of the periodical press.
Without prejudice to the responsibility of the author of the publication and except in cases of joint liability, the editor-in-chief or deputy editor-in-chief, who fails to exercise on the content of the periodical he directs the necessary supervision to prevent offenses from being committed through the publication, is punished, for negligence, if an offense is committed, with the penalty established for that offense, reduced by up to one third.
Article as amended by Article 1 of Law 4/3/1958 No. 127.57 bis. Offenses committed through the medium of non-periodical press.
In the case of non-periodical press, the provisions of the preceding article apply to the publisher, if the author of the publication is unknown or cannot be charged, or to the printer, if the publisher is not indicated or cannot be charged.
Article added by Article 1 of Law 4/3/1958 No. 127.










