Back in 2006, a video captured on a mobile phone, showing schoolboys in a Turin classroom making fun of a teenage boy with Down syndrome appeared on Google Video Italia. It appeared for a few hours only before Google administrators were alerted and took it down but the ensuing complaints by Vividown - an Italian Down syndrome advocacy group - and the father of the teenager, have resulted in in a two-year investigation and consequently the preparation of charges against the offending schoolboys and four Google top executives.

In the case of the schoolboys, the Judge is prepared to drop the charges of defamation and breach of privacy should the youths agree to see the error of their ways. However, the same degree of leniency is not being levelled towards the Google executives who are a top legal representative who was the then chairman; another board member; the head of Google's European privacy policy and the then Head of Google Video for Europe. 

They face prosecution by the Italian Office of Public Prosecutions next month with charges that the airing of the 191-second clip, which showed the schoolboys making fun of the teenager before hitting him over the head with a box of tissues, amounted to a breach of privacy and was defamatory as Google failed to adequately control content on the site.

A spokesperson for Google reportedly claimed that the company had fully cooperated with the Italian authorities in their investigation and expressed "disappointment" with the decision to press charges against the search-engine giant's employees.  The web giant doesn't fear prosecution because in accordance with EU law, Google is not required to monitor third-party content on its sites.

Much argument and debate rages over who should be sued. Should it be Google? Or should it be the youths, their parents or even the school. But in truth, if this case causes people who upload this kind of cruel and insulting footage to consider that there will be consequences as a result of their actions, then it will have been worthwhile.