It ends with a victory Fedez the defamation lawsuit brought by Pietro Masothe Veronese who in 2013 has finished serving the 22 years in prison and 5 in semi-liberty to which he had been sentenced for killing his parents.
“Delicate flow, satin stones, greetings to family from Pietro Maso, life always bars you with your head held high like when blood comes out of your nose…” was the offending phrase from the song “No Game-Freestyle”, which earned the rapper a lawsuit two and a half years ago.
For the plaintiff, the facts no longer have “historical relevance”
According to the plaintiff, “the expressions used” in the passage are “referred and referable in a clear, direct and explicit manner to the undersigned, indicated by name and surname”. And for this reason, Maso argued in the complaint filed through his lawyer, the lawyer Alessio Pomponi“appear objectively defamatory and certainly cannot be traced back to the use of strong images belonging to the musical genre or the artistic style of the authors”.
The events recounted in the song also date back to 1991, when Maso, who was then 19 years old, killed his parents with a bar and an awl in the family villa in Montecchia di Crosara, in the Verona area. Maso was then arrested, tried and sentenced to 30 years in prison. A temporal distance which for the ex-prisoner would mean that the matter no longer has any “current relevance and historical relevance”.
The man today works in a non-profit organization that helps prisoners in semi-freedom to reintegrate into society.
The investigating judge’s decision: there is no right to be forgotten
The investigating judge of Rome does not agree with Maso’s requests, Maria Gaspari, which decreed the dismissal of the case. The judge took into account the greater freedoms granted to “artistic creation”, which would not be offensive even if it manipulated reality to “reach further and ideal goals”.
Furthermore, Maso cannot appeal to the right to be forgotten for the matter that interests him, which is granted only in cases in which the facts are no longer current or of interest to the community. A condition that does not apply to the specific case, according to the judge’s decision, because the seriousness of the fact and the notoriety would make it of general interest “even a long time after the commission”.
The defense lawyer speaks of a “sentence to stigma”
The passage most contested by the lawyers defending Maso is precisely the failure to recognize the right to be forgotten. What he asks for, says the lawyer, is “to be forgotten. Having found himself with his first and last name in a song by a famous artist left him shaken. Three generations have passed since the terrible acts committed, he has fully served his sentence, how long will his stigma sentence last? Forever?”.
The judge’s choice would, according to the lawyer, be in contrast with the Constitution which “affirms a completely different principle, we must stop at the right to be forgotten. We cannot hide behind the objection that everything is in the public interest.”
2024-02-15 17:10:25
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