⚡ The Triggering Event
April 25, 2024
Commemoration of Italy's liberation from fascism
Censorship
Cancellation of Scurati's invitation on Rai 3
Response
Viral spread of the banned speech
"Until that word - antifascism - is pronounced by those who govern us, the specter of fascism will continue to haunt the house of Italian democracy"
- Antonio Scurati
⚖️ Legal Framework Analysis
Article 10 ECHR: Protection of freedom of expression, including offensive, shocking and disturbing statements necessary for democratic debate
Italian Constitution:
- Art. 21: Freedom of expression through all means of dissemination
- Art. 33: "Art and science are free"
- Art. 9: Promotion of cultural and scientific development
Anti-SLAPP Directive (2024): Protection of individuals expressing themselves on matters of public interest against abusive lawsuits
🎭 Double Violation Identified
1. Freedom of Expression as a Citizen:
- Right to hold and express political opinions
- Democratic "watchdog" function
- Legitimate criticism based on verifiable historical facts
2. Artistic Freedom as a Writer:
- Literary expression as a form of resistance
- Enhanced protection against state intervention
- Legitimate use of literary means for political engagement
⚠️ Concerning Context
Other Censorship Cases in Italy:
- Roberto Saviano: show cancelled, defamation prosecutions
- 3 journalists from Domani: risk 9 years in prison
- Artist Tvboy: murals censored
Worrying European Trends:
- 179 acts of censorship in Europe (2018-2019)
- 978 global violations of artistic freedom (2020)
- Similar cases in Spain, France, Poland and Hungary
Conclusion
The ban on Scurati's speech constitutes a manifest violation of fundamental rights guaranteed by Italian, European and international law. This case reveals a worrying widening of the gap between democratic rule of law and political practice in Italy, signaling authoritarian drifts that threaten the very foundations of European democracy.