MORE ON THE COLLECTIVE COMPLAINT AGAINST BURIONI

Many participants in the collective complaint against Roberto Burioni have asked me whether they should be concerned about the threats made by the well-known virologist to report them for defamation. I can reassure everyone: there is no reason to worry. There are multiple reasons, and we discuss them in this video:
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Let us begin with simple logic.

None of the participants in the initiative signed the complaint, which was signed solely by me. The participants in the initiative instructed me to submit the complaint, but its content and wording are attributable to me. Criminal liability is personal, and no one can be convicted of an act they did not commit. The participants in the complaint said nothing in public, so no defamation exists.

Secondly, approaching a professional regulatory body to request the initiation of disciplinary proceedings against a registered practitioner is a lawful act that constitutes the exercise of a right. A person exercising a right does not commit an offence (Article 51 of the Italian Criminal Code).

Finally, the complaint respects the principle of formal restraint; that is, it is formulated in neutral terms, describes truthful facts, and leaves the disciplinary assessment of Burioni's conduct to the professional regulatory body.

No one, therefore, needs to worry about criminal complaints.

Burioni stated on his social media that he had downloaded the personal data and documents of all participants in the complaint. This constitutes a breach of data protection (privacy) laws. The personal data breach, according to what Burioni reported on his channels, would be attributable to the liability of two parties: the Medical Association, which, at Burioni's request, allegedly made the documents and personal data of the participants in the complaint available to him, and Burioni himself, who allegedly downloaded them. The rules governing access to administrative documents (Article 3 of Presidential Decree 184/2006) provide that a public administration requested to disclose personal data in its possession must inform the data subjects, who may lodge an objection within ten days. This procedure was allegedly breached by the professional regulatory body if what Burioni stated is true.

Finally, anyone who comes into possession, even by chance or by mistake, of an electronic database containing personal data may neither access nor download the data, as both actions constitute a criminal offence. If it is true, therefore, as stated by Burioni, that he downloaded the data of all participants in the complaint, Burioni himself and all those who unlawfully accessed the data would have committed a serious offence.

All participants in the collective complaint have the right to seek the prosecution of Burioni and the Medical Association for the offences committed to their detriment, and to obtain compensation for the damages suffered. I am studying the simplest and most efficient ways for everyone to assert their rights before all relevant authorities. I will remain at the side of the participants in the complaint, and we will move forward together in this new battle. Shortly, everyone will have access to the text of the formal criminal complaint to be lodged.

Trials take place in courtrooms, not on social media. I have decided to close the Difendersi Ora discussion forum specifically to protect the rights of the participants in the collective complaint and the legal actions they may pursue, including seeking compensation for damages from Burioni. We will reopen the forum at the appropriate time. An informative email has been sent to all participants. Anyone who has changed their email address or has not received the communication is kindly requested to contact us via the contact form on the website www.difendersiora.it/scrivici

Alessandro Fusillo