Political corruption : the interplay between justice and media in Italy

Abstract

The judicialization of politics has played a major role in altering the Italian political landscape since 1992. Undoubtedly, the increasing independence of both judges and public prosecutors must be counted among the factors that have opened the way to the investigations internationally known as "Clean hands" and "Kickback city". Nonetheless, the political impact of those affairs cannot be understood without taking into account the close interaction between the magistracy (i. e. judges and prosecutors) and the news media. After considering the deep changes in the organisational setting of the Italian magistracy, the article presents some preliminary findings of a research on the media coverage of the political corruption scandals in the period 1992-94. It appears that press reports have fostered a very supportive climate to the magistrates' initiatives often infringing upon the due process guarantees. On many occasions the countervailing right of access to, and divulgation of information has prevailed at the expense of the protection of the defendants' reputation and privacy. However, the existing literature indicates that in the subsequent years the media have adopted more critical positions than previously. This might have contributed to the steady decline of public confidence in the justice system which emerged in the period 1995-98.