Tuesday, July 17, 2007

"F*** Off" - No Offence Says Italian Highest Appeals Court

The ANNOTICO Report

 

I'm a little disappointed, and it has created an uproar in Italy, but to keep matters in prospective, these days I hear  "F***" spewing from the mouths of women in all kinds of public places, and can you get through an evenings  TV programs without an utterance.

 

Below, you will find an article from SIX years ago, where in the United Kingdom, police officers attempting to question a citizen were repeatedly told to "f*** off". He was acquitted of breach of the peace for merely using "the language of his generation".

 

The Court of Cassation, Italy's highest appeals court are a source of endless delight for the national media. It should probably come as no surprise since Italy, is both the home of the Catholic Church, and the Independent minded Italian !!!!

 

I had very divided feelings about the verdict in the rape case cited below against a young man who continued having sex with his partner even though she changed her mind halfway through. :) :)  

 

Thanks to Pat Gabriel

F*** OFF NO OFFENCE SAYS COURT

ANSARome,  

July 17, 2007

It's no longer an offence to tell someone to f*** off because the term is now so widely  used, Italy's top court ruled Tuesday.

The Court of Cassation, Italy's highest appeals court  whose rulings set precedents, quashed the conviction of an  Abruzzo town councillor who had told a deputy mayor 'where to  go' during a stormy council meeting.

In its ruling, the court said that certain obscene or sexual words or phrases had become so common that they "have  lost their offensive nature".

Conservative lawmakers immediately decried the ruling as liable to "degrade the nation's civic values" and called for the judge who issued it to be sacked.

Tuesday's ruling is not the first time the Cassation judges have courted controversy with verdicts changing the  official line on offensive language.

A year ago they said it was OK to hurl abuse at someone  provided the other side gave as good as it got.

The court said a woman was entitled to call an acquaintance a "bastard, fool, a cretin and a drug addict" because the insults had been "mutual". "There was justification for the crime," said the judges.

It was the second case on "mutual insults" to make its way to the supreme court last year. In March, judges acquitted a woman who called an
immigrant co-worker a 'bloody n**ger'. Upholding an earlier ruling, they said the woman's reaction was justified because the man had "cursed" her family and her insult was an "equivalent" response.

Rulings by Italy's supreme court are a source of endless delight for the national media. Some cases have sparked international outcries.

The court's most notorious decision came in a highly publicized 'jeans rape' case in 1999, in which it decided that a woman who removes tight jeans, even under threat, is complicit in rape.

In another divisive ruling, the court said that bottom-patting was all right provided it was a "sudden and isolated act".

Both rulings were later reversed.

One that wasn't was the quashing last year of a rape  conviction against a young man who continued having sex with his partner even though she changed her mind halfway through.

Other puzzling sentences have included giving the thumbs up for pedophiles to take porn photos of minors so long as they didn't sell them, and upholding an adultery rap against  a woman who kissed a bus driver because "the time and emotion invested in the relationship betrayed marital trust".

No Offence, Officer

BBC News
Wednesday, 25 April, 2001

 

When is it okay to swear at an authority figure? In Scotland, apparently, there's nothing wrong with it, so long as the word is spoken rather than hurled as an insult.

It may have been impolite, but when Kenneth Kinnaird of Glasgow repeatedly told two police officers attempting to question him to "f*** off", he was merely using "the language of his generation".

Three Scottish judges have ruled that the 43-year-old be acquitted of breach of the peace on the basis that he was merely in conversation with the officers - and said the phrase, not shouted it.

Needless to say, the Scottish Police Federation is less than amused.

Yet as Lord Prosser, the senior judge points out in his ruling, the "f" word is commonplace.

How times have changed since 1960, when the centuries-old expletive so troubled the presiding judge in the Lady Chatterley's Lover obscenity trial.

However, the jury found Penguin Books - the publisher of DH Lawrence's 1928 novel - not guilty of obscenity.

Not in front of the children

Just five years later the word had its first airing on television, although not without controversy.

Kenneth Tynan, then literary editor of the National Theatre, made the breakthrough while discussing censorship on a late-night satire programme.

After he somewhat nervously quavered that there must be few "rational people in this world to whom the word `f***' is particularly diabolical or revolting or totally forbidden", the BBC switchboard jammed as outraged viewers rang to complain.

The corporation later issued a statement of regret.

According to a survey on attitudes to "bad language" released last December, the use of swear words on television and radio before the 9pm watershed is unacceptable to most adults.

In keeping with the BBC's guidelines on taste and decency, it has been left up to the reader to guess which four-letter words topped the study's list of offensive terms.

Contrary lot that we are, shock value lies less in the word actually used than in its context and frequency.

Although three-quarters of the 1,033 adults questioned had no problem with expletives uttered "in shock", the same proportion didn't like swear words used as a matter of routine.

Linguistic wallpaper

Jonathon Green, author of the Cassell Dictionary of Slang and The Big Book of Being Rude, says words that hold the power to shock are changing.

"Some 500 years ago in the Western world, religion mattered - the majority of people believed in religion and believed in God. Therefore the words and phrases deemed offensive were blasphemous.

"By the 19th century, religion was losing its grip and words that had once been standard - words to do with sex and bodily functions - were beginning to be taboo."

But today, many of these swear words have become debased because they are so commonly used.

Whereas the Channel 4 comedy Father Ted softened its liberal use of f*** by substituting an "e" for "u", films such as South Park have dispensed with such niceties all together.

Viewers may not find such language offensive themselves, but may well object if children or the elderly cop an earful, Mr Green says.

Mr Green challenges the idea that sanitising language is good manners: "It's not, it's hypocrisy."

http://news.bbc.co.uk/1/hi/uk/1295914.stm

The ANNOTICO Reports Can be Viewed (and are Archived) on:

Italia USA: http://www.ItaliaUSA.com [Formerly Italy at St Louis] (7 years)

Italia Mia: http://www.ItaliaMia.com (3 years)

Annotico Email: annotico@earthlink.net