Analysis of Judgment No. 38772 of 2024: Outrage to a Public Official and Virtual Presence

Judgment No. 38772 of September 19, 2024, heard by the Court of Cassation, offers important food for thought on the subject of outrage to a public official, especially in relation to the use of modern communication means. In particular, the Court has established that 'virtual' presence can constitute the offense of outrage, opening up new legal interpretations and an in-depth analysis of criminal conduct in digital contexts.

Virtual Presence in the Legal Context

Based on the judgment, the Court affirmed that the presence of multiple people, required to constitute outrage, is not limited to physical presence alone but also extends to virtual presence. This is particularly relevant in the context of social platforms like Instagram, where offenses can be broadcast live to a wide audience.

Presence of multiple people - "Virtual" presence - Equivalence - Offense. In terms of outrage, the presence of multiple people is also constituted in cases of "virtual" presence, through audio-visual communication means that allow third parties to perceive live (in this case, in a live broadcast on the "social network" Instagram) the offenses directed at public officials.

This interpretation broadens the concept of 'public' and 'presence' in criminal law, making online behaviors equivalent to offline ones. The Court referred to previous case law that had already begun to outline this new horizon, as highlighted in previous summaries.

Implications for Italian Jurisprudence

The recognition of virtual presence as a constituent element of outrage has several implications:

• Strengthening the protection of public officials, even in digital contexts.
• The possibility of prosecuting behaviors deemed offensive, even if they occurred in live streaming.
• The need for greater awareness by users of the risks associated with their online actions.

This approach not only responds to a need for modernization of criminal law but also reflects an ongoing cultural shift, where the line between public and private life is becoming increasingly blurred.

Conclusions

Judgment No. 38772 of 2024 represents a significant step in Italian jurisprudence, highlighting how law must adapt to new technologies and the social behaviors that arise from them. Virtual presence, now recognized as equivalent to physical presence, invites broader reflection on the rights and duties of social media users, as well as the responsibility of the platforms themselves in monitoring and preventing illicit behavior.