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There Rai had appealed against the sanction ofAgcomfor a scandalous report by Tgr Piedmontbefore Juventus-Napoli of October 2012. In the 7.30pm edition, some of the most vulgar offenses against Neapolitans ended. But first the Tarthen the State Council, they blamed Viale Mazzini. In summary, the story is this. The fine of 50,000 euros was decided for the events of 20 October 2012, violating the Self-Regulation Code of Sports Information. “A report created by one of its journalists relating to the “pre-match” of the Juventus – Napoli competition – summarizes the ruling of Palazzo Spada – cwhich was about to take place on the same evening”. In the video “a series of statements and chants by Juventus fans were filmed, offensive in tone towards the sensitivity and dignity of Neapolitan fans and, more generally, the citizens of Naples”. The usual invocations to Vesuvius, basically. Plus the journalist “accompanied these statements by the Juventus fans with his own observations which, although perhaps with sarcastic intentions (towards the Juventus fans), were considered such as to (and objectively ended up) strengthening and worsening the offensive scope”. The allusion, in this case, was to the stench. The outrage aroused was great. The matter also reached Parliament. However, Rai responded to the Agcom fine (50,000 euros) with an appeal. The Lazio Regional Administrative Court, however, rejected the complaint two years ago. A decision confirmed today by the Council of State (sixth section).
The grounds for appeal were all deemed unfounded. Like, for one thing, “the chain of external factors, unpredictable and independent of Rai’s conduct and will”. According to the appellant, the journalist, “also due to the road traffic caused by the match, he delivered the service already edited a few minutes before it was broadcast”This would have resulted “the absolute impossibility, for anyone, of examining the content before broadcast”. But the judges remember “the obligation to subject recorded broadcasts to prior checking”. And the possible existence of “an objective impossibility” to carry it out “does not exempt in itself” the issuer from liability for violations. Furthermore “largely predictable” is considered “the possibility that the service could have reached the editorial office with a delay”date “the close temporal proximity between the filming carried out and the start of the Tgr edition”and the “predictable presence of traffic”. This criticizes an omission by Rai regarding the failure to adopt “appropriate organizational measures”. For example, the presence of designated personnel during the assembly of the service.
State TV, moreover, is also accused of a delayed dissociation. According to the code, the handler should have done so “immediately”. And what’s more, the apology message arrived just two days later. A choice judged not “justified”. Also because, in 48 hours, an uproar had already broken out, with the scene monopolized by “broad debate and protests”. Nor are the judges persuaded by the justification on the host, for Rai prevented from expressing dissociation, because it is connected “to capture live updates” on Juve-Napoli. Here too the finger is pointed at the absence of suitable organizational measures. That is, the control, during the broadcast, by the host “or, at least, by other operators able to promptly report”. Result: fine confirmed for Rai, and another 4,000 euros to be paid for litigation costs.
