{"id":26786,"date":"2021-07-01T13:26:37","date_gmt":"2021-07-01T13:26:37","guid":{"rendered":"https:\/\/z6frttwr.ordoiuris.io\/aktualnosc\/the-italian-zan-bill-poses-a-serious-threat-to-the-freedom-of-speech\/"},"modified":"2025-11-03T15:43:05","modified_gmt":"2025-11-03T14:43:05","slug":"the-italian-zan-bill-poses-a-serious-threat-to-the-freedom-of-speech","status":"publish","type":"informacje","link":"https:\/\/ordoiuris.pl\/en\/press-newsdesk\/the-italian-zan-bill-poses-a-serious-threat-to-the-freedom-of-speech\/","title":{"rendered":"The Italian \u2018Zan bill\u2019 poses a serious threat to the freedom of speech"},"content":{"rendered":"

\u2022 The Italian Senate held the first reading of the \u2018Zan bill\u2019 against \u2018homophobia, lesbophobia, biphobia and transphobia\u2019.<\/b><\/span><\/span><\/span><\/p>\n

\u2022 The bill had been reviewed by the Chamber of Deputies since 2018, where it was adopted by the majority of 265 against 193 deputies.<\/b><\/span><\/span><\/span><\/p>\n

\u2022 The bill poses a serious threat to the family, upbringing and freedom of speech by proposing severe penalties based on abstract definitions that detach sexuality from genetic and biological factors.<\/b><\/span><\/span><\/span><\/p>\n

\u2022 The Holy See and Pope Francis officially oppose the bill.<\/b><\/span><\/span><\/span><\/p>\n

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\u201cThe freedom to have a different opinion, engage in pragmatic disputes and confront ideas would be replaced with a penal tool to cut short any discussion. The experience of countries that have introduced such measures shows that they radically limit discussion on sexuality, marriage, family and upbringing and eliminate fully authorised opinions from public debate\u201d, says Attorney Rafa\u0142 Dorosi\u0144ski, Director of the Ordo Iuris Centre for the Legal Studies.<\/span><\/span><\/span><\/p>\n

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The bill, which sets out \u2018measures to prevent and combat discrimination and violence based on sex, gender, sexual orientation, gender identity and disability\u2019 (number in the Chamber: C.107<\/a>, number in the Senate: S.2005<\/a>), was brought to the Chamber of Deputies on the first day of its 18th<\/sup> term \u2013 on 23 March 2018 \u2013 by Deputies Laura Boldrini (elected on the same day as the Speaker of the Chamber) and Roberto Speranza. It is a repetition, with minor modifications and amendments, of the bill proposed on the first day of the previous term of the Chamber \u2013 on 15 March 2013 (print no. 254<\/a>). On 4 November 2020, the bill was approved<\/a> by 265 deputies with 193 votes against and was forwarded for review to the Senate. On 25 May 2021, the Commission held its first reading.<\/span><\/span><\/span><\/p>\n

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The bill consists of 10 articles. The first sets forth legal definitions of concepts related to gender identity:<\/span><\/span><\/span><\/p>\n

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    1. Sex (sesso<\/i>) \u2013 understood as biological sex or sex registered at birth (biologico o anagrafico<\/i>);<\/span><\/span><\/span><\/li>\n
    2. Gender (genere<\/i>, socio-cultural sex) \u2013 understood as any external manifestations that are in line with or contrary to sex-related social expectations;<\/span><\/span><\/span><\/li>\n
    3. Sexual orientation (orientamento sessuale<\/i>) \u2013 understood as sexual or emotional attraction to persons of the opposite or same sex or both sexes;<\/span><\/span><\/span><\/li>\n
    4. Gender identity (identit\u00e0 di genere<\/i>) \u2013 understood as one\u2019s perception and manifestation of one\u2019s own gender, even if it does not correspond to one\u2019s sex, whether or not one has undergone transition.<\/span><\/span><\/span><\/li>\n<\/ol>\n<\/li>\n<\/ol>\n

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      In addition, the bill amends Article 604-bis of the Criminal Code, which imposes the penalty of up to one and a half years of imprisonment or a fine of up to EUR 6,000 for propaganda and incitement to commit crimes for reasons of racial, ethnic and religious discrimination. The bill proposes to add discrimination and violence based on sex, gender, sexual orientation, gender identity and disability to the existing list of crime reasons (racial, ethnic and religious discrimination). <\/span><\/span><\/span><\/p>\n

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      This way (by adding reasons based on sex, gender, sexual orientation, gender identity and disability), it updates the Decree with the force of law of 26 April 1993 on the penalties for incitement to commit crimes.<\/span><\/span><\/span><\/p>\n

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      Moreover, the bill:<\/span><\/span><\/span><\/p>\n