What to do in case of defamation

Suffering an offense to one's reputation, whether through social media, the press, or simple word-of-mouth, represents a profound and painful violation of one's personal and professional sphere. Damage to image and honor can have concrete consequences, influencing relationships, job opportunities, and psychological well-being. Understanding the legal tools available is the first step to defending yourself and obtaining fair compensation. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci handles these situations with the utmost care, aware of their delicacy and the implications for his clients' lives.

Defamation in the Italian Legal Context

Our legal system defines defamation, in Article 595 of the Penal Code, as an offense to another's reputation by communicating with multiple people. Unlike insult (now decriminalized), which occurs in the presence of the offended person, defamation occurs when the offense is communicated to third parties, in the absence of the victim. The law provides for an aggravated form of the crime when the offense is committed through the press or any other means of publicity, such as the internet and social networks. In these cases, the potential spread of offensive content exponentially increases the damage, justifying a more severe sanctionary treatment and a more substantial claim for damages.

Pecuniary and Non-Pecuniary Damage

Damage resulting from defamation can be of two types. Non-pecuniary damage concerns the violation of honor, reputation, and image, i.e., a prejudice to the person's moral sphere. Pecuniary damage, on the other hand, occurs when reputational damage causes a direct economic loss, such as the loss of a client, the revocation of a contract, or damage to one's professional career. The quantification of both types of damage requires careful and documented analysis, taking into account the context, the spread of the offense, and the concrete consequences on the victim's life.

The Strategy for Compensation: The Firm's Approach

Addressing a defamation lawsuit requires a clear and timely strategy. The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is methodical and aimed at fully protecting the client's interests. The process begins with an in-depth analysis of the case to assess the existence of the crime and gather all necessary evidence, such as screenshots, recordings, newspaper articles, or testimonies. Subsequently, a formal notice is sent to request the immediate cessation of the harmful behavior, the removal of the content, and compensation for damages. If the out-of-court route does not yield results, a criminal complaint is filed, and, in parallel or subsequently, a civil action is brought for the quantification and liquidation of damages.

Frequently Asked Questions

How long do I have to file a defamation complaint?

The deadline for filing a complaint for the crime of defamation is three months. This period runs from the day the offended person has actual knowledge of the defamatory act and its alleged perpetrator. It is crucial to act promptly to avoid losing the right to legally pursue those responsible.

How is damage from defamation proven?

Proof of damage is a crucial element. Documentary evidence (screenshots of posts, comments, emails), testimonies of people who have become aware of the offensive statements, and technical expert reports that can quantify any pecuniary or image damage, especially for professionals and entrepreneurs, can be used.

What is meant by aggravated online defamation?

Aggravated defamation occurs when the offense is committed through a means of publicity, such as a social network, blog, forum, or review site. The law considers this a more serious form because the message can reach an indeterminate number of people quickly and permanently, amplifying the damage to the victim's reputation.

Is it possible to obtain only the removal of the offensive content?

Yes, requesting the removal of defamatory content is one of the primary objectives. It can often be obtained through urgent legal action, in parallel with the claim for damages. The objective is twofold: to stop the spread of damage and to obtain fair compensation for the prejudice already suffered.

Request a Case Evaluation in Milan

If you believe you are a victim of defamation and wish to understand the legal options available to protect your image and obtain fair compensation, you can contact the Bianucci Law Firm. A thorough case evaluation is essential to define the most appropriate strategy for your specific situation. Contacting an expert lawyer in damages compensation is the first step to restoring your personal and professional integrity and asserting your rights.