There is non-contractual civil liability in combination of negligence [Art. 2043 and 2055 cc], with the consequent in solid compensation of the damage to the image of the Wikipedia Foundation which, following a tentative modification of the page relating to an associative body because it contains a description of inaccurate and slanderous information and the subsequent injunction of the same entity, Informed of manifest defamatory activity, remained inactive and failed to inform the judicial or administrative authorities with supervisory functions without delay [art. 16, paragraphs 1 and 17, paragraph 3, dlgs. n. 70/2003]. There is no criminal responsibility or criminal offense [dlgs.231 / 2001], nor as the holder of the hosting activity [art. 16, dlgs. 70/2003], nor in a complicity of persons [art. 110 c.p.], or in an omission contest [art. 40 c.p., co. 2], of the Wikipedia Foundation, as Internet Service Provider, for the defamation offense [art. 595 c.p.] committed by a user on the page describing an associate with inaccurate and slanderous informations.
A child protection association complains that the description of the body contained in the Wikipedia online encyclopedia contains inaccurate and slanderous information, including the attribution of the contents of a sex education course as well as the negative image of a group anti-liberal and undemocratic.
The association submits to the Wikipedia Foundation a dispute, explaining that it has unsuccessfully attempted to make the modification of the controversial page in accordance with the encyclopedia site itself, with the blocking of the users’ account who acted in this regard on behalf of the body.
The Wikipedia Foundation responds to the association by analytically explaining the operation of its open content online encyclopedia (the material contained therein comes from the users and is without warranty of validity of the published informations, being the encyclopedia managed by the same and under their responsibility, also regarding the revision of the various items contained therein, configurable in terms of widespread control of knowledge sharing) and the role of Wikimedia as an Internet Service Provider (which is limited to providing virtual space and technical tools for uploading and sharing content online, without any prior check, verification, or modification of user contributions from creating encyclopedia entries), thereby supporting the Foundation’s lack of responsibility for hosted contents precisely because of the neutrality of the covered role.