Il testo del DDL è disponibile in PDF cliccando sul link che trovi a sinistra nella sezione "Scarica il DDL".
Principio ispiratore
Si vogliono promuovere una cultura ed un modello di società incentrati su principi di razionalità e sul metodo scientifico, e contrastare lo sfruttamento economico delle superstizioni and the consequent potential serious damage to physical and mental health of citizens.
Why a new law
Current legislation on quackery and similar topics can be summarized in the following list:
- art. RD No 121 of 18.06.1931 773 "Consolidation Act on public security law" which says, succinctly: 'It is prohibited the trade of charlatan "
- art. RD No 231, 6/5/1940 635 (Rules for the implementation of DR above), which defines the job of charlatan: "Under the heading of" craft quack "for the purposes of art. 121, last paragraph of the Act, includes any activity designed to speculate on altruism credulity, or to exploit or harm other people's food, as the soothsayers, interpreters of dreams, fortune tellers, those who engaged in games of sorcery, spells, exorcism, or bragging or affection in public great prowess in their art or profession, or magnify or specific recipes, which give extraordinary or miraculous virtue. "
- DDL Sen. Renato Meduri submitted on 6/11/2001 and DDL Sen. Elizabeth Alberti Casellati submitted on 16/10/2002, merged in 1777 DDL , standing in parliament since 28/6/2005, proposing the amendment of the Penal Code, Article. 613-bis, the crime of "mental manipulation"
- DDL presented on May 13, 2009 Hon. Jole Santelli (of which I failed to find traces in official corporate websites) which proposes to amend Art. And Article 640 of the Penal Code. 30 of Law 08/06/1990 n. 223, establishing the crime of fraud as aggravating the fact that it is made in the craft of charlatan and the exploitation of television or radio and forcing the publishers of such resources to pay jointly and severally with the charlatans, the cheated.
- The famous Consumer Code (Legislative Decree no. No 206/2005, as amended by Decree No. 146/2007) that art. 20, defines and prohibits unfair trade practices. Among these are included those misleading, defined in art. 21. According to it, a practice is deceptive if:
" contains information not correspond to reality or, even if factually correct, in any way, including overall presentation, induces oe 'likely to mislead the average consumer about to one or more 'of the following elements, and in any case, it induces oe 'likely to cause him to take a transactional decision that would otherwise have taken "
Among the items listed, which may be the subject of misinformation, we find:
b) the main characteristics of the product, such as [. ..] [...] fitness for purpose or the results to be expected from the use of the product [...]
Furthermore, Article. 23, lists the explicitly recognized as deceptive practices. Among these, we find:
...
r) state that products are able to facilitate winning in games of chance;
s) state, as opposed to vero, che un prodotto ha la capacita' di curare malattie, disfunzioni o malformazioni
...
Il Codice del Consumo, affida all' AGCM (Agenzia Garante della Concorrenza e del Mercato, nota anche come Autorità Antitrust e che ha anche altri compiti oltre quelli attribuitile dal Codice del Consumo) i compiti sia investigativi che sanzionatori necessari per la sua applicazione.
Per i casi di pubblicità ingannevole, l'AGCM deve richiedere un parere non vincolante all' AGCOM (Autorità per le Garanzie nelle Comunicazioni), l'altra authority che ha poteri in materia di regolamentazione pubblicitaria. - Delibera n. 34/05/CSP 8 March 2005 the Commission Services and Products (CSP) of AGCOM, which provides for a change the "Regulations on radio and television advertising and teleshopping" introduced by the same committee by resolution No. 538/01/CSP. That amendment, among other things, provides for the insertion of Article. 5 Ter:
Article 5 b
Telesales, TV promotions and advertising services in astrology, and Tarot and similar services relating to betting on the lottery, enalotto, lottery, football pools, Totogol, totip, lotteries and other Games similar
1. Except as provided for in Article 5a, paragraph 1, during the teleshopping broadcasts on goods and services to astrology, and Tarot and similar services relating to betting on the lottery, enalotto, lottery, football pools, Totogol, totip, lotteries and other games is prohibited to show similar overlays or otherwise cause to use phone numbers for the provision of premium services, including specific rates, or phone number which, in turn, lead to the use of service numbers premium, even at specific rates.
2. The broadcasts referred to in paragraph 1 shall not:
a) mislead the public, even by omission, ambiguity or exaggeration, the content and effects of the goods or services;
b) avoid all forms of exploitation of superstition, credulity or fear, in particular categories of people most vulnerable psychologically.
3. The broadcasts referred to in paragraph 1 may not be transmitted in time slots between 7:00 and 23:00.
4. Advertising and TV promotions on goods and services to astrology, and Tarot and similar services relating to betting on the lottery, enalotto, lottery, football pools, Totogol, totip, lotteries and other Similar games are subject to the prohibitions referred to in paragraph 2.
5. ...
6. The propaganda of services to astrology, and Tarot and similar services relating to betting on the lottery, enalotto, lottery, football pools, Totogol, totip, lotteries and other similar games, interactive videotex and audiotex such as "direct" conversation , "voice messaging", "chat line", "one to one" and "hot line" can not be transmitted during the hours between 7 am and 24 pm. "
An example of this, he finds himself in a ruling of the Court of Modena in 2005. In short, the Questor of Modena had requested that a magician (already under house arrest for sexual abuse of a customer) were subjected to the further extent of the obligation of signing day. The request was rejected because the activities of charlatans, but is not considered a criminal offense simple administrative offense, are not considered socially dangerous (this DDL, incidentally, reintroduces the quality of crime for the activities of charlatans).
E 'should be remembered in this connection that the record demonstrates the opposite. Clara's death, is certainly the parents' fault, but it is also (and to a lesser extent) the fault of the cultural climate unscientific and irrational law of gravity that the understatement the activities of charlatans helps create . Thus, the social dangerousness of charlatans, and there should not be underestimated.
As for the crime of "mental manipulation", it applies to a serious context, but too specific and restrictive to the objectives of this DDL, and also it is expected that there has already been damage to a person.
The proposed aggravating Mr. Santelli, in addition to increasing the prison term, allow the prosecution office, so they are certainly useful and desirable. However it is only aggravating the crime of fraud. The strange thing about this proposal, therefore, is that if there is fraud, you can not apply the aggravating circumstance, and then you can experience the event of a mountebank armies "honestly" (without cheating) their job: in this way, he would punished only in accordance with Royal Decree 773, thus making it useless aggravating. For example, if an astrologer asks 100 € to make a horoscope, and if after he has given you your horoscope, you give him 100 euro, no one can say that you were cheated. In this case, the proposal of Hon. Santelli as well not exist.
The rule on false advertising, is the only one that, like the present DDL contains the principle of punishment the message, regardless of whether anyone has suffered damage because of it. Given the importance and relevance to the theme of my DDL of the Consumer Code and the "Regulations on radio and television advertising and teleshopping, a more detailed discussion of them is stated in the post" Discussion: The DDL and the rules on misleading advertising. "
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