Defamation, no more prison: punishable forfeited if the denial is published

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The law that could revolutionize the crime of defamation starts from the Senate. The proposal was presented by the Brothers of Italy at Palazzo Madama and sees as the cornerstone of the provision the non-punishability of the author of the alleged defamation if a denial is published. Also no more prison but only economic sanctions. The first signature of the pdl is Alberto Balboni, president of the constitutional affairs commission

All media considered

In addition to printed paper (including books), radio and TV, the Internet and online publications are taken into consideration. The writer will no longer risk prison, but “rapid protection” is ensured for people who feel offended by any “means of dissemination”, without prejudice to “the right to report and the professional secrecy of journalists on the source of the news”. The goal is to pass a wide-ranging law that includes all facets of the crime of defamation. A law that does not only concern journalists, but also politicians, professionals, and anyone who can run into the crime of defamation.

The author is not punishable in case of denial

«We presented this bill – explains Balboni – to restore the discipline of defamation in particular to defamation in the press. It is necessary to incorporate some guidelines of European jurisprudence and also of that of the Supreme Court. The most relevant part of the pdl lies in the provision of non-punishment of the author of the alleged defamation whenever a denial is published. If anyone who has published defamatory news of the reputation of others realizes that they have made a mistake, it is right – explains Balboni – that they have the opportunity to make amends», if instead, he continues, «those who make mistakes want to persevere in the error, it is right that they go to trial» . «It is a question – he adds – of a stimulus that politics wants to offer for increasingly correct information. A form of self-discipline.”

A case of restorative justice

The intention is to put on paper an orientation that is now part of our legal system, «because – continues Balboni – the rules have already been extended also on the occasion of the Cartabia reform. Today, for all crimes prosecutable on complaint, if the offender compensates the damage, the judge, if he deems the compensation commensurate with the damage, acquits him and declares the crime extinguished once the crime has been remedied. It is a case in which restorative justice can be applied.

Sanctions in the event of non-compliance (from 5,165 euros to ten times as much)

“It is in fact – continues Baldoni – a crime of opinion, it is right that the perpetrator is punished, but only with a fine that we adapt”. The proposal envisages new procedures on the timing and mechanisms of the Correction of the interested party, on the sanctions in the event of non-compliance (from 5,165 euros to ten times as much), on the conciliation procedures. Taking into consideration websites and search engines, and also the rights of the heirs to continue the disputes in the event of the death of the interested party, the condemnation of the plaintiff – if he is wrong – to pay a sum from 2,000 to 10,000 euros. For defamation, “the judge of the place of residence of the offended person” will have jurisdiction.