OPINION. Law against apologia of fascism unleashes an alight debate in Italy

A law against the apologia of fascism was recently presented in the Camera in Rome by Fiano (PD). M5S and all the right parties are against this law, claiming that it is liberticidal.

In Italy, on the 10th July 2017, the reappearance of the topic of the “apologia of Fascism”, a very old and vexed problem in Italy has interested the politicians and the public opinion.

Emanuele Fiano, parliamentarian of the Democratic Party (PD) responsible of Reforms, has presented a proposal of law against the apologia of fascism and Nazism.

Although the clear opposition of the M5S and of the Lega, the law was presented at the Camera in Rome. We are talking about a proposal to add, in the penal code, the article 293-bis, which would cause incarceration from six months to two years for anybody who shows images or contents belonging related to fascism or Nazis.

This law would have, of course, important practical implications, because it would be forbidden even the Roman salute (the salute with the right arm stretched high) or the selling of pieces of antiquary such as torsos of the “Duce”.

This is, however, not a new problem in the Italian political debate.

In fact, Italian Constitution declares that the organization, in any form, of the fascist party is forbidden.

Later, in 1952, in the so-called Scialba’s law, it was declared illegal to publicly praise any elements of fascism.

Finally, in 1993, the Mancino’s law interest anyone who talks about ideas related to supposed principles of superior law.

Understood in this historical context, we can see the newly-proposed Fiano’s law almost the same as a natural extension of these three previous laws, in an attempt to completely delete fascism and Nazism from the public and political debate.

However, the question is complicated by the speculation that in a democracy it is important to preserve the freedom of opinion. So, we can see a sort of paradox in the sense that we forbid the freedom to express an opinion. In fact, as it is well-known, did not allow freedom. So, to radicalise, can this law paradoxically considered a “fascist law”?

This seems the opinion of Vittorio Ferraresi, of the M5S, who declared that “the new crime of propaganda of the fascist and Nazi fascist regime is an arbitrary and liberticidal one.In response, Matteo Renzi said: “dictatorship was liberticidal

Soon after the declaration, also on Facebook, of Vittorio Ferraresi, also the Lega Nord and all the right of centre wanted to say their own opinion, generally against the position of Fiano and of his party, the PD, stressing, again, the point that the freedom of opinion must be preserved.

The question opens its horizon to a further analysis, stimulated by Renato Brunetta (Forza Italia), who declared: “And communism? If we want to change the situation, we have to condemn all totalitarianism”.

And Matteo Salvini (Lega) echoes Brunetta, adding that even Mancini’s law should be abolished.

So, as it is evident, the proposal of this law is not so natural and it is necessary to contextualise it in history. The question cannot but be arise: Is it more important the freedom of opinion or the fight against formal and maybe just nostalgic references to fascism?