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ARTICLE · 10 OCTOBER 2024

Defamation In Italy: Punishment And Remedies

To offend the reputation of an absent person constitutes the crime of defamation, which is further aggravated if the offense attributes a specific fact to the victim or is committed through...

ItalyLitigation, Mediation & Arbitration

What is the concept of defamation?

To offend the reputation of an absent person constitutes the crime of defamation, which is further aggravated if the offense attributes a specific fact to the victim or is committed through the press or other means of publicity (such as the Internet or social media).

The truth of the statement does not exclude defamation.

This is different from the right to criticism and the right to report, which, if expressed in a non-offensive manner and in response to a social interest, do not constitute a crime.

Anyone who sees their reputation unjustly harmed has the right to claim compensation for damages.

Is defamation a crime in Italy?

The Supreme Court of Cassation, in judgment no. 44662/2021, addressed the distinction between insult (now decriminalized) and defamation, establishing the legal principle that an offense made during a remote meeting, with multiple people connected simultaneously, and in the presence of the

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