Defamation in Italy

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The advocate was very committed and (which is the most important) successful.

Nathalie Gysi
04 Nov 2024

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Service Details

Defamation

This service is available across Italy

Who Can Benefit from this Service?

This service is for anyone who believe their reputation has been harmed by false statements made by individuals, groups or companies based in Italy.
It is suitable for those involved in media disputes, social media conflicts, or personal defamation cases.

Useful Information

Penal Code (Codice Penale): Defamation under Italian law can lead to criminal proceedings. It is primarily regulated by Articles 594 (defamation), 595 (libel and slander), and 596 (publication of defamatory content) of the Italian Penal Code. Defamation is considered a criminal offence when it involves publicly insulting someone or damaging their reputation through false statements. Penalties can include fines and imprisonment. The Penal Code distinguishes between "slander" (calunnia), which involves making false statements that lead to a criminal investigation against someone, and "defamation" (diffamazione), which is harming someone's reputation through false claims without necessarily leading to a criminal investigation.
Civil Law: Individuals who suffer harm to their reputation can also seek remedies through civil litigation, apart from or in addition to criminal charges. The Civil Code allows for claims for damages resulting from defamation. This involves proving the defamation occurred, demonstrating the harm to reputation, and establishing a causal link between the defamation and the harm suffered. The aggrieved party can seek compensation for both material and moral damages.
Press Law (Legge sulla stampa): Special provisions exist for defamation through the press, including newspapers and other publications. The Press Law regulates the publication of information and opinions, including mechanisms for rectification and responses to defamatory content published in the media. It also outlines specific timelines and procedures for making claims related to defamation in published material.

Procedure: Our Approach

Evaluation of the Statement: Determining if the statement qualifies as defamation under Italian law.
Jurisdiction and Filing: Identifying the correct jurisdiction and initiating legal proceedings.
Mediation and Litigation: Exploring mediation for resolution and, if needed, proceeding to litigation.
Defamation Defence: Crafting a defence strategy for those accused of defamation, focusing on freedom of expression and truth.

Advantages of this Service

In-Depth Legal Expertise: Profound knowledge of Italian defamation laws and their application across various media forms.
Bilingual Assistance: Services offered in Italian and English to accommodate diverse clients.
Tailored Legal Strategies: Personalised legal approaches for each case to achieve optimal results.
Emphasis on Privacy and Reputation: Dedicated to protecting client privacy and restoring reputational damage.

Key Features of this Service

Legal Consultation: An initial meeting to assess the defamation case and its impact on your reputation.
Criminal and Civil Case Handling: Managing both criminal defamation allegations and civil claims for libel and slander.
Evidence Assembly: Assisting in collecting relevant evidence, such as witness testimonies and digital data.
Courtroom Representation: Offering strong legal representation in criminal and civil courts.
Mediation and Negotiation: Aiming for out-of-court settlements, including apologies, retractions, or financial compensation.
Defamation Defence Strategy: Developing a defence focused on free speech rights and the veracity of statements for those accused of defamation.

Free Support Services Included

When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include: