Google with a microphone
Google says the case stifles net freedoms

An Italian court has convicted three Google executives in a trial over a video showing a teenager with Down’s Syndrome being bullied.

The Google employees were accused of breaking Italian law by allowing the video to be posted online.

Judge Oscar Magi absolved the three of defamation but convicted them of privacy violations.

The three received suspended six-month sentences, while a fourth defendant was acquitted.

David Drummond, chief legal officer at Google and one of those convicted, said he was “outraged” by the decision.

“I intend to vigorously appeal this dangerous ruling. It sets a chilling precedent,” he said.

“If individuals like myself and my Google colleagues who had nothing to do with the harassing incident, its filming or its uploading onto Google Video can be held criminally liable solely by virtue of our position at Google, every employee of any internet hosting service faces similar liability,” he added.

Peter Fleischer, privacy counsel at Google, was also found guilty.

He questioned how many internet platforms would be able to continue if the decision held.

“I realise I am just a pawn in a large battle of forces, but I remain confident that today’s ruling will be over-turned on appeal,” he said.

The verdict is likely to have ramifications for content providers around the globe.

Google said at the trial that pre-screening all YouTube content was impossible.

The video at the centre of the case was posted on Google Video in 2006 shortly before the firm acquired YouTube.

Prosecutors argued that Google broke Italian privacy law by not seeking the consent of all the parties involved before allowing it to go online.

Google’s lawyers said that the video was removed as soon as it was brought to its attention and that the firm also provided information on who posted it.

As a result four students were expelled from their school in Turin, northern Italy.

Related Links:

• No Related Links