Sunday, 16 November 2008

Google charged - but on which grounds?

Facts: four kids downloaded on Google a video of when they were taunting a disabled child. Prosecution, in addition to charge the children, contemplates charging Google.
I can't understand on which grounds the prosecution was thinking of charging four executives of Google. Complicity? impossible there is no mens rea and the actus reus is abstention because Google did not download the video but the kids authors of the offences. Conspiracy? impossible as no agreement... Corporate liability in criminal law? again makes no sense.
Thus the initial magistrate who rejected the case (not a trial decision if I understood well) is probably right. I wish I could speak Italian better to research a bit on this
"Italy Moves Forward With Plan To Prosecute Google Execs Over Online Video" (7 November 2008)

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