In Italy protesting is becoming even more risky

A bill strongly supported by Giorgia Meloni's government, the Ddl Sicurezza, was recently presented, which among other things will make protests – in general: not only those in the streets but also those in detention facilities, for example – more difficult and risky. Of the 38 articles that make up the proposal, at least 14 introduce new crimes or extend their applicability, while over 10 provisions make certain criminal laws more restrictive and severe. The Sicurezza Bill has recently been assigned to the Senate Justice Committee, which will have to review it before it is definitively approved – but it is considered rather unlikely that substantial changes will be made to the measure. From the outset, the measure has been deemed excessively repressive, even by the standards of a government that sympathizes with the "electoral battles" typical of the far-right. This approach by the Meloni government has also been labeled as "penal populism". The reason is that the measure focuses on behaviors already addressed by the criminal code, as was the case with the Rave Decree. For this reason, many doubts have been raised about its actual necessity, beyond propaganda objectives.

It gets tough for climate protesters

Article 14 of the Sicurezza Bill introduces the crime of roadblock, transforming this practice – which consists of physically interrupting road traffic, for example – from an administrative offense to a criminal offense. Until now, those organizing a roadblock faced a fine ranging from one thousand to 4 thousand euros: now the aim is to introduce a penalty of one month in prison, which increases – from 6 months to 2 years – if multiple gathered individuals commit the act. This provision is primarily intended to discourage and punish protests typical of climate activists, who have often demonstrated through roadblocks in recent years. In this sense, the government seems to want to show a hardline stance on an issue important to many conservative voters. Furthermore, Articles 19 and 20 increase the penalties for the crimes of resisting a public official, as well as for assault and threats.

Still in the context of protests in favor of more environmentally focused policies and addressing the issue of global warming, Article 24 increases the penalties for the crime of defacing public property. In recent years, it has happened several times that during some climate demonstrations, monuments were temporarily vandalized. Currently, these crimes are punishable by imprisonment from 1 to 6 months and fines ranging from 300 to one thousand euros: with the Sicurezza Bill, the aim is to introduce a new crime that applies to actions committed against structures used for public functions – for example, institutional buildings. Penalties in this area will reach up to 18 months in prison, with fines ranging from one thousand to 3 thousand euros. In cases of recidivism, the sentence translates to three years in prison and a 12 thousand euro fine. Another provision of the Sicurezza Bill extends the application of the so-called urban diaspora. The proposal is that the ban on accessing sensitive areas (such as squares where demonstrations are held) should also apply to those who have been only reported, or not definitively convicted, for crimes against property – typical of those who carry out climate-related demonstrations.

What will happen to those who protest in prison?

The Sicurezza Bill also introduces another new crime: the offense of riot inside a penitentiary institution. This is addressed by Article 26 of the bill, and again this measure appears to be primarily a response to recent events that have divided the electorate. Recently, there have been several prisoner protests in Italian prisons, due mainly to the poor conditions they are in. The crime provides penalties ranging from one to eight years in prison – but with aggravating circumstances that increase up to 20 years – for anyone who promotes or organizes a riot inside a penitentiary institution, even by merely exercising passive resistance. This formulation, among those in the Sicurezza Bill, is considered one of the most problematic, as it could also include those who peacefully disobey prison police officers. Along the same lines, Article 27 introduces a new crime aimed at quelling riots in migrant detention centers. These centers are often considered degrading, and generally, protests erupt for this reason. Those who promote or organize uprisings in these places face sentences ranging from one to six years in prison, while participants risk up to 48 months of imprisonment.