Marò, Abu Omar, Datagate: toxic secrets and public interest journalism

On World Press Freedom Day a discussion between judges, journalists and an expert in international law on the relationship between the freedom of the press and respect for the law and the national interest.

Two examples will be considered in detail: the Italian marines in India and the Abu Omar saga. These are complex cases, of great international importance, where journalistic work has clashed with the confidentiality requirements imposed by a court and has been influenced by the interference of other players, bearers of special interests.

In the case of the two Italian marines, a legal battle has emerged between Italy and India to establish the facts, conditioned by important economic, political, and geo-political elements. To solve the puzzle of jurisdiction, recognize the functional immunity of the protagonists, respect the sovereignty of States.

The balance between individual rights and the need for security is exemplified by the case of the kidnapping of Abu Omar, a court case in which, in the conflict between the Italian government and the Italian courts, the state secret has been opposed and at least partially revoked in the long path in the attempt to determine, in the last degree of judgment, all the responsibility.

Hovering in the background is the problem of the control and dissemination of information after Datagate; a watershed that has possibly changed forever the relationship worldwide between information, intelligence, political and judicial power. A watershed where the human element has arguably been at least as important as technological evolution.