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Cassation, preventive seizure: websites yes, online newspapers no

The United Sections of the Cassation have also ensured the guarantees reserved to the paper press up to now to the online publications.

Cassation, preventive seizure: websites yes, online newspapers no

It is possible to seize a website, but not an online newspaper. They established it yesterday the United Sections of the Supreme Court, thus assuring telematic publications the guarantees hitherto reserved for paper publications. The reasons for the ruling will be published in the coming weeks. 

In general, the Cassation has given the green light to the possibility of preventive seizure (even partial) of a website by the judicial authority, which can therefore obscure the pages under accusation. 

However, preventive seizure is not permitted, except in the cases provided for by law, if the page is of an online newspaper registered in Court as a newspaper. Furthermore, according to the Cassation, the online newspaper cannot be considered potentially more offensive than the paper one only because of the greater ability to disseminate online news. 

Finally, the evaluation cannot even take into consideration the fact that some web newspapers may have fewer readers than others. In short, freedom of the press prevails over all circumstances. 

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