The controversial regulation has been examined by the Council of Ministers. Now the precise text of the custody order essentially becomes secret and the press will not be able to publish it. At least not immediately. The Council of Ministers approved yesterday the text of the legislative decree amending Article 114 of the Code of Criminal Procedure, providing for a ban on publishing the text of custody orders until the preliminary investigations are concluded or until the end of the preliminary hearing. The amendment had already been decided several months ago in Parliament when the Senate approved Article 4 of the law adapting national regulations to European directive provisions. An amendment by Action deputy Enrico Costa during the passage in the Chamber initiated the process. This means going back on what was established by the 2017 reform by then-Minister Andrea Orlando, which allowed for custody orders to be published without limits.
The legislative decree is condemned by journalists’ representative bodies. According to UsigRai, the union of Rai journalists, once the decree becomes law, only the alleged crime of an arrested person can literally be published, but not the evidence collected. Paradoxically, in order to report the reasons for a imprisonment, a journalist will be able to use all words except those used by the judge in the indictment. The consequence will be a more opaque, partial, and less objective information. An act that undermines the role of guarantee that the free press plays in protecting all citizens, especially those deprived of their freedom.
Critics argue that this new regulation will hinder the transparency and accuracy of information, limiting the public’s right to know important details of ongoing criminal cases. By keeping the text of custody orders secret until the end of preliminary investigations or hearings, the public may be left in the dark about the specific details of a case, leading to potential misunderstandings and lack of accountability. Journalists may find it more difficult to accurately report on criminal cases, as they will not have access to the full information necessary to provide a comprehensive understanding to their audience.
Journalists and press freedom advocates have raised concerns about the potential for abuse or manipulation of this new regulation. By restricting the publication of custody order texts, there is a risk that authorities could use this secrecy to control the narrative and hide potentially incriminating information. Without transparency in the judicial process, there may be opportunities for corruption, injustice, or violations of human rights to occur without proper public oversight. By limiting the information available to the public, there is a danger that abuses of power could go unchecked and unchallenged.
The role of the free press in holding those in power accountable and ensuring transparency in government actions is crucial to a functioning democracy. By restricting access to information regarding criminal cases and custody orders, the new regulation may undermine the ability of journalists to fulfill this role effectively. Journalists play a crucial role in informing the public, providing a check on government actions, and ensuring that justice is served fairly. Limiting their ability to report on important legal proceedings could have far-reaching implications for democracy, accountability, and the protection of human rights. It is essential for journalists and press freedom advocates to continue to push for transparency and access to information, in order to uphold democratic values and the principles of a free society.
