QUOTE(The Joy @ Wed 5th October 2011, 9:53pm)
So, if I'm an Italian and I put a picture of Mussolini on Berlusconi's* Italian Wikipedia article, I personally have 48 hours to remove it. If that does not happen, I would be fined, but would all Italian Wikipedians be fined because they did not revert in time?
*Firefox says the spelling should be "Berliners." How disturbingly coincidental. (IMG:smilys0b23ax56/default/wacko.gif) I don't speak Italian and I'm not going to look at the relevant statutes but my guess is a take down notice is sent. If you comply it is over. If not then you can be prosecuted.
I'm pretty sure Italy is still far enough in rule-of-law camp that that means you can defend with lawyer judges hearings witnesses etc at that point. I don't know what the elements of the offense are or what defenses are available. But I'm pretty sure the Wikipedians are not accurately representing it. Democracies generally don't even have the machinery needed to collect extra judicial "fines."