Google executives on trial for criminal liability in Italy

The Italian flag

I’m gen­er­ally in favor of hold­ing com­pa­nies liable for their actions — after all, if we treat cor­po­ra­tions as “per­sons” under the law, then they should have respon­si­bil­i­ties as well as pro­tec­tions and ben­e­fits. But I’m not sure about hold­ing exec­u­tives crim­i­nally liable — per­haps in the case of know­ing pol­lu­tion or con­spir­acy to cover up prod­uct dan­gers — but not, I think, for actions they are not directly respon­si­ble for, as in this case from Italy:

Along with three other Google exec­u­tives, Mr. Fleischer now faces crim­i­nal charges of defama­tion and pri­vacy vio­la­tions in a case that could have far-​​reaching impli­ca­tions for Google — and, the com­pany argues, a poten­tially chill­ing effect on other Internet com­pa­nies oper­at­ing in Italy and else­where in Europe.

via Google Faces a Different World in Italy — NYTimes​.com.

Alternatively, per­haps hold­ing senior exec­u­tives per­son­ally liable (and poten­tially fac­ing jail time, although it would be sus­pended under Italian law in this case) would force com­pa­nies to bet­ter com­ply with the law? (I still think it goes too far.)

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  1. Image credit: "Il Tricolore - Italian Flag" by Flickr user @l+q, used under a Creative Commons Attribution-Noncommercial-Share Alike 2.0 license.