MIL-OSI Europe: Answer to a written question – New measures adopted by the Italian Government that restrict freedom of information – E-002906/2024(ASW)

Directive (EU) 2016/343 sets out rules on public references by public authorities to the guilt of a suspect or accused person prior to a conviction.

It does not require specific limitations as to the publication by the press of procedural documents relating to the pre-trial stage of the proceedings.

Without prejudice to national law protecting the freedom of press and other media, the directive only establishes minimum rules, requiring that the dissemination of any information by public authorities to the media must respect the presumption of innocence and not create the impression that the person is guilty before his or her guilt has been proven according to law.

The 2024 Rule of Law report for Italy[1] noted that the legislative initiatives regulating access to and publication of certain judicial information were a source of concern for media stakeholders.

The report also notes that the Italian Government considers these initiatives to be justified to guarantee the right to privacy and the presumption of innocence. The Commission will continue monitoring the developments in this respect in the framework of the Rule of Law Report.

• [1] E uropean Commission, 2024 Rule of Law Report, ‘Country Chapter on the rule of law situation in Italy’ (SWD(2024) 812 final); https://commission.europa.eu/document/download/60d79a4f-49cd-4061-a18f-d3a4495d6485_en?filename=29_1_58066_coun_chap_italy_en.pdf.