Italy

   

Diagonal Accountability

#24
Key Findings
In the category of diagonal accountability, Italy scores relatively poorly (rank 24).

The constitution protects the freedom of expression, including speech, writing and media. A recent court ruling removed the threat of imprisonment for defamation through the press. Governing parties have strong influence over Italy’s public broadcaster. Media market concentration remains substantial, though it is diminishing in some areas.

Assembly rights are guaranteed, but prior notice must be given to authorities. The influence of trade unions and employers’ associations on decision-making has weakened over time. They continue to be consulted by governments, but participation tends to be informal and unregulated.

Social welfare organizations have more influence at the regional and local levels than at the national level. Environmental organizations are regularly consulted by the government, although this can take somewhat symbolic form.

Media Freedom and Pluralism

#23

To what extent are the media free from government influence and able to act independently?

10
 9

There are no disincentives, by law or in practice, for the media to criticize the government and public officials.
 8
 7
 6


Existing disincentives, by law and in practice, pose no significant obstacles to the media in criticizing the government and public officials.
 5
 4
 3


Existing disincentives, by law and in practice, pose some significant obstacles to the media in criticizing the government and public officials.
 2
 1

Existing disincentives, by law and in practice, pose various significant obstacles to the media in criticizing the government and public officials.
Free Media
7
Article 21 of the Italian constitution safeguards the fundamental right to freedom of expression, encompassing all forms of communication, including speech, writing, and other mediums. This right includes media freedom, as established by prevailing interpretations (see Media Pluralism Monitor 2022).

Beyond this constitutional safeguard, journalistic freedom of expression is regulated by a comprehensive network of legislative provisions and judicially produced rules. A significant recent development in this area is the Constitutional Court’s ruling (Sentence 150/2021), which declared Article 13 of the Press Law (47/1948) unconstitutional. This article had imposed a prison sentence for defamation committed through the press. Now, imprisonment is limited to cases involving hate speech and the dissemination of fake news.

Legal limitations to freedom of expression exist but must be proportionate to the intended purpose and adhere to legal principles. Citizens have legal remedies in case of infringement. These rules formally extend to online information. The right to information is regulated by the FOIA (Freedom of Information Act, Legislative Decree 97/2016).

In practice, Italian journalists generally operate in a relatively open environment. However, they often self-censor to align with their news organization’s editorial stance, protect themselves from lawsuits or other legal repercussions, or avoid potential retaliation from extremist groups or organized crime, as reported by Reporters sans Frontières in their 2023 press freedom dossier. Media Freedom Rapid Response (2022) notes that the main concerns about media freedom stem from strategic lawsuits against public participation (SLAPPs; known as “querela temeraria” in the Italian legal framework) and other legal threats, especially following the establishment of the center-right government led by Giorgia Meloni (October 2022), leader of Brothers of Italy, who between 2020 and 2023 filed lawsuits against two journalists.

The Coordination Center for the Permanent Monitoring, Analysis, and Exchange of Information on the phenomenon of intimidation acts against journalists, chaired by the Minister of the Interior, registered 111 acts of intimidation committed against journalists in 2022, 52% lower than in 2021, and 46 in the first six months of 2023, 23% lower than in the first half of 2022 (see Ministry of Interior). Most of these incidents stem from social and political contexts or organized crime and result in verbal threats and physical assaults.

The most significant issue concerning media freedom relates to the political interdependence of public service media. Political parties and governments have historically wielded considerable influence over Radiotelevisione Italiana (RAI), Italy’s public broadcaster and largest media organization. Governing parties frequently intervened in RAI’s personnel decisions, dictated its organizational structure, and controlled resources. While opposition parties were granted some representation, their influence was limited.

The Renzi government’s Law 220/2015 reshaped RAI’s governance structure to curb excessive political influence by concentrating power in the hands of the CEO, the company’s senior executive. This shift of authority from the board – traditionally composed of representatives from major political parties – to the CEO diminished direct political control over RAI. However, it simultaneously increased government influence, as the government proposes the CEO to the board. While the Draghi government prioritized meritocracy in appointing the CEO and other senior RAI officials, the Meloni government has prioritized ideological alignment, seeking to fill critical positions with individuals close to the center-right bloc.

This shift led to the Draghi-appointed CEO’s resignation, whose term was scheduled to end in 2024, to facilitate new appointments aligned with the government’s political leanings. Consequently, the change in editorial direction has prompted several anchorwomen and anchormen to depart RAI for rival media outlets.

Further elements underscore the close relationship between RAI and politics. RAI is publicly funded, and a bicameral parliamentary committee, proportionately reflecting the strength of the parties in parliament but usually chaired by the opposition, oversees RAI’s activities.

Citations:
Media Pluralism Monitor 2022: https://cadmus.eui.eu/handle/1814/74694
Media Freedom Rapid Response 2022: https://www.mappingmediafreedom.org/wp-content/uploads/2023/02/MFRR-Monitoring-Report-2022.pdf
Ministry of Interior, Coordination Centre for the Permanent Monitoring, Analysis, and Exchange of Information on the phenomenon of intimidation acts against journalists, https://www.interno.gov.it/it/stampa-e-comunicazione/dati-e-statistiche/atti-intimidatori-nei-confronti-dei-giornalisti
Reporters sans frontières press freedom dossier: https://rsf.org/en/country/italy

To what extent is a plurality of opinions in the media ensured?

10
 9

There are no barriers, by law or in practice, to a pluralistic media landscape that represents all existing political perspectives in society.
 8
 7
 6


Existing barriers, by law and in practice, pose no significant obstacles to the media in representing all relevant political perspectives in society.
 5
 4
 3


Existing barriers, by law and in practice, pose some significant obstacles to the media in representing all relevant political perspectives in society.
 2
 1

Existing barriers, by law and in practice, pose various significant obstacles to the media in representing all relevant political perspectives in society.
Pluralism of Opinions
7
Media pluralism is legally guaranteed by Legislative Decree 208/2021. This decree incorporates the EU Audiovisual Media Services Directive into the Italian legal framework. It replaced the previous Consolidated Act, TUSMAR (Legislative Decree 177/2005), with a new one named TUSMA (Testo unico sui servizi di media audiovisivi). TUSMA revised the media sector’s anti-concentration rules to safeguard media pluralism and broadened the responsibilities of the media authority, Autorità per le Garanzie nelle Comunicazioni (AGCOM). It also expanded some regulations governing the audiovisual sector and video-sharing platforms (see Media Pluralism Monitor 2022).
Established in 1997 by Law 249, AGCOM is an independent authority tasked with safeguarding fair competition among market operators and upholding user interests. It exercises regulatory and oversight duties across various sectors, including electronic communications, audiovisual media, publishing, postal services, and more recently, online platforms. AGCOM is accountable to the Italian parliament, which has defined its powers, outlined its statutes, and elected its members. The president and four members of the AGCOM Board are appointed through a joint process involving the government and parliament. This mechanism protects the media authority from being beholden to a parliamentary majority or aligned with the electoral cycle. However, it is only partially impervious to the risks of political bargaining (see Media Pluralism Monitor 2022).

A key responsibility of AGCOM is to establish election regulations that guarantee equitable media access for all candidates. This is complemented by monitoring and enforcing compliance with the “par condicio” principle, as Law 28/2000 mandates. AGCOM’s responsibilities also include maintaining the Register of Communication Operators (ROC). The purpose of the ROC is to ensure transparency and publicity of ownership structures and enable the application of rules concerning anti-concentration discipline. Public access to the information provided by AGCOM, however, has substantial limitations that undermine transparency.

AGCOM submits an annual report on its activities to the prime minister. It also publishes a quarterly monitoring of media markets on its website and verifies compliance with political pluralism monthly by monitoring radio and television broadcasts.
The recent introduction of the TUSMA has failed to undermine the concentration of the traditional media market, which has historically been high, particularly in the audiovisual sector. The development of the digital environment has not sufficiently balanced this concentration due to the dominating roles of a few platforms in facilitating access to news and in the online advertising market (see Media Pluralism Monitor 2022).

Despite persistent concerns over media concentration, encouraging signs of growing plurality are emerging. The long-standing duopoly between RAI, the public broadcaster, and MEDIASET, the private media group controlled by the Berlusconi family, has faced significant challenges from new players such as Comcast/Sky, La7, and Discovery (see AGCOM 2022). This helps to ensure a greater degree of pluralism. Additionally, streaming services have witnessed a remarkable surge in market share in recent years, further diversifying the media landscape.

However, the radio and newspaper sectors have experienced a decline in plurality due to numerous mergers and acquisitions. This has led to a concentration of ownership and control, raising concerns about media diversity and the potential impact on editorial independence and the range of viewpoints available to the public (Media Pluralism Monitor 2022).

Citations:
Media Pluralism Monitor 2022: https://cadmus.eui.eu/handle/1814/74694
AGCOM Annual Report 2022: https://www.agcom.it/documents/10179/27251843/Documento+generico+29-07-2022/c049d0cb-a8ae-4a07-8eb5-7389dd61c288?version=1.0

Civil Society

#22

To what extent are citizens able to freely form or join independent political and civic groups, openly raise and discuss political issues, and assemble without restrictions?

10
 9

There are no barriers, by law or in practice to creating an engaged society and civil society organizations that are free to operate.
 8
 7
 6


Existing barriers, by law and in practice, pose very few or no significant obstacles to creating an engaged society and civil society organizations that are free to operate.
 5
 4
 3


Existing barriers, by law and in practice, pose some significant obstacles to the creation of an engaged society and civil society organizations that are free to operate.
 2
 1

Existing barriers, by law and in practice, pose various significant obstacles to the creation of an engaged society and civil society organizations that are free to operate.
Free Civil Society
8
The right to assembly is enshrined in the Italian constitution (Article 17), guaranteeing citizens the ability to gather and express their collective views. However, this right is not absolute and is subject to certain limitations imposed by the constitution and the law. All assemblies must be conducted peacefully and without weapons. For public assemblies, organizers must provide prior notice to the local police chief (questore) at least three days before the event. This notice allows the police to assess potential risks and determine whether preventive or supervisory measures are necessary to ensure public safety. If participant safety is deemed at risk, the police may prohibit the assembly. This approach balances the right to assembly with the need to protect public order and safety.

In December 2022, the Italian parliament introduced a new offense penalizing trespassing to organize a musical or entertainment gathering considered detrimental to public health and safety standards. This legislation aimed to address public health and safety concerns but has been criticized for potentially infringing on the fundamental rights of assembly and expression.

According to Amnesty International’s 2023 report, police used excessive force against demonstrators on several occasions during the period under observation. These incidents are isolated cases widely condemned by the media and political leaders. The Meloni government has shown a tendency to be more severe with protest actions from ecologist or leftist groups.

Freedom of association is also enshrined in the Italian constitution (Article 18), guaranteeing citizens the right to freely associate without prior authorization for purposes not prohibited by criminal law. Secret associations and those pursuing political ends through military organizations are prohibited. The constitution explicitly upholds this right in politics (Article 49), labor unions (Article 39), and religion (Article 19). However, ongoing challenges related to freedom of worship persist, including issues such as accessing tax exemptions for religious groups and constructing places of worship. These challenges have been more prevalent for Islamic groups, particularly regarding the construction of mosques in Italy.

According to the World Justice Project (2023), Italy ranks high in the freedom of association, religion, and expression indices.

Citations:
https://www.amnesty.org/en/documents/pol10/5670/2023/en/
https://worldjusticeproject.org/rule-of-law-index/downloads/WJPIndex2023.pdf

To what extent do civil society organizations (CSOs) have the capacity to actively participate in the co-creation of relevant policies?

10
 9

All the major CSOs active in the field have the capacity to shape public policies.
 8
 7
 6


Most of the major CSOs active in the field have the capacity to shape public policies.
 5
 4
 3


Few of the major CSOs active in the field have the capacity to shape public policies.
 2
 1

None of the major CSOs active in the field have the capacity to shape public policies.
Effective Civil Society Organizations (Capital and Labor)
5
Italy boasts a wide variety of trade unions, with the CGIL, CISL, and UIL being the most prominent organizations. According to the most recent OECD estimate (2019), approximately 32.5% of wage and salary earners belong to a trade union. However, recent research suggests that this figure significantly overestimates union membership (Batut et al. 2023). This overestimation occurs because the data relies solely on self-reported information from the largest trade unions, lacking independent verification. A more realistic assessment suggests that only 25% or even 20% of workers are union members. The most influential employers’ association is Confindustria.
In policy formulation, trade unions generally favor maintaining the status quo. They hold a relatively conservative stance and are hesitant to embrace innovative policies in labor relations or pensions. However, there are notable distinctions among the three major trade unions, with CISL and UIL demonstrating a greater willingness to negotiate with the government and employers’ associations on measures to enhance labor market flexibility.

In contrast, employers’ associations tend to lean toward policy change, typically adopting a more forward-thinking approach. Despite their continued importance as policy players, trade unions and employers’ associations have seen their influence on the decision-making process gradually erode due to the strengthening of the executive branch in Italy and an ongoing process of political disintermediation. While their involvement remains a constant feature in the policymaking and policy implementation processes, their participation is informal and unregulated compared to other countries (Lizzi and Pritoni 2019).
The current Meloni government has shown little interest in promoting consultations with trade unions on labor and fiscal law reforms. This attitude has probably been encouraged by divisions between CGIL and UIL on one side and CISL on the other regarding the minimum wage proposal advanced by the opposition.
Both trade unions and employers’ associations have established research departments that frequently collaborate with experts and draw on scholarly knowledge. Their policy proposals are often comprehensive and grounded in substantial policy expertise.

Citations:
Batut, C., Lojkine, U., and Santini, P. 2023. “Which Side Are You On? A Historical Study of Union Membership Composition in Seven Western Countries.” Industrial Relations (January): 1–83.
Lizzi, R., and Pritoni, A. 2019. “Lobbying in Hard Times. Interest Groups and Italian Policy-Making at the Season of Unmediated Democracy.” Rivista Italiana di Politiche Pubbliche 14(2): 157–179.
https://www.oecd-ilibrary.org/employment/data/trade-unions/trade-union-density_data-00371-en

To what extent do civil society organizations (CSOs) have the capacity to actively participate in the co-creation of relevant policies?

10
 9

All the major CSOs active in the field have the capacity to shape public policies.
 8
 7
 6


Most of the major CSOs active in the field have the capacity to shape public policies.
 5
 4
 3


Few of the major CSOs active in the field have the capacity to shape public policies.
 2
 1

None of the major CSOs active in the field have the capacity to shape public policies.
Effective Civil Society Organizations (Social Welfare)
6
In May 2023, Istat released a comprehensive report on the Italian third sector, showcasing a dynamic landscape of over 360,000 organizations dedicated to social welfare. These organizations employ nearly 900,000 individuals and mobilize the voluntary efforts of nearly 5 million individuals. Notably, Northern Italy and the central regions, with their strong civic traditions, exhibit the highest concentration of these organizations and volunteers. This sector is pivotal in Italian society, contributing approximately €80 billion, or nearly 5% of GDP, annually. To support their endeavors, third-sector organizations increasingly rely on the 5x1000 of Irpef. This contribution allows taxpayers to allocate a portion of their income tax to these organizations. With over 15 million taxpayers participating in this initiative, the third sector garners significant support from the Italian public (Rapporto sulla sussidiarietà 2021/22).
Italian law (Legislative Decree 117/2017) mandates that public administrations, to uphold the principles of subsidiarity, must actively involve third-sector CSOs in planning and managing social programs and services. The engagement of social welfare CSOs is primarily concentrated at the regional and local levels, particularly in northern and central Italy. In contrast, their participation at the national level remains relatively limited.
The high level of fragmentation among CSOs reduces their capacity to shape national-level public policies, although their influence on regional and city-level policies is greater.

Citations:
Rapporto Istat: https://www.istat.it/it/files//2023/05/Censimento-non-profit-primi-risultati.pdf
Rapporto sulla sussidiarietà 2021/22: https://www.astrid-online.it/static/upload/rapp/rapporto_sussidiarieta__21-22.pdf

To what extent do civil society organizations (CSOs) have the capacity to actively participate in the co-creation of relevant policies?

10
 9

All the major CSOs active in the field have the capacity to shape public policies.
 8
 7
 6


Most of the major CSOs active in the field have the capacity to shape public policies.
 5
 4
 3


Few of the major CSOs active in the field have the capacity to shape public policies.
 2
 1

None of the major CSOs active in the field have the capacity to shape public policies.
Effective Civil Society Organizations (Environment)
6
By Law 8/1986, Italy boasts a network of 81 nationwide environmental CSOs officially recognized by the Ministry of Environment. These organizations are pivotal in safeguarding the environment and addressing pressing environmental challenges. Among these CSOs, several stand out for their significant contributions, including Legambiente, Greenpeace, WWF, and FAI. With their deep expertise, vast networks, and dedicated volunteers, these established environmental organizations play a relevant role in advocating for sustainable practices and environmental policies in Italy. They are recognized as stakeholders by the government and are regularly consulted during the policy process, albeit in a somewhat ritual manner. In addition to these established organizations, less structured environmental movements have emerged recently. Fridays for Future and Extinction Rebellion have gained significant prominence among these movements, particularly among young people.
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