Judgment No. 17563 of 2023: Insult and Defamation Compared
The recent judgment No. 17563 of March 23, 2023, issued by the Court of Cassation, offers important clarifications regarding the distinction between insult and defamation, two offenses that fall under crimes against honor. This judgment analyzes the case of a defendant, U. A., accused of delivering an offensive message during a social event, and provides guidance on how to contextualize offenses in the presence of third parties.
Insult and Defamation: Fundamental Differences
The judgment clarifies that insult, aggravated by the presence of multiple people, occurs when the offense is directed directly at the person concerned in a context where third parties are also present. If, however, the recipient of the offense does not have the opportunity to respond directly, defamation is constituted. This distinction is crucial for the legal qualification of offensive behaviors.
Insult in the presence of third parties - Defamation - Differences - Identification - Offense. In the context of crimes against honor, the decriminalized hypothesis of insult aggravated by the presence of multiple people occurs when the offended party, third parties, and the offender himself are simultaneously present – physically, in the same unit of time and place, or "virtually," in the case of using modern communication technologies – while, if the possibility of direct dialogue between the author and the recipient of the offense is lacking, leaving the latter deprived of the possibility of reply, the crime of defamation is constituted. (Case relating to an offensive writing delivered to the offended parties and third parties on a social occasion, in which the Court correctly qualified the defendant's conduct as defamation, as he was not present at the evening).
Implications of the Judgment
The Court's decision has significant repercussions in today's context, where communications can occur through various means, including social media. The judgment recalls that even virtual interactions can lead to the commission of defamation offenses, especially when the offended party does not have the opportunity to reply immediately. Furthermore, the Court has referred to previous case law that confirms this interpretation, emphasizing the need for contextual analysis when evaluating offenses.
- Relevance of direct dialogue
- Impact of modern communication technologies
- Supporting case law
Conclusions
Judgment No. 17563 of 2023 represents an important step in clarifying the legal dynamics related to honor and personal dignity. The distinction between insult and defamation is not merely a matter of terminology but has profound legal implications for those who communicate, both in public and private contexts. It is essential for citizens to be aware of these differences to avoid incurring unwanted legal consequences.
