The Problem of Offensive Posts

The end of a marital relationship can be a period of great emotional vulnerability. When this delicate phase is exacerbated by hostile behavior on social networks, such as posting offensive content, derogatory comments, or sharing private information, the distress can become unbearable. These acts are not mere personal outbursts but can constitute the crime of aggravated defamation and a serious violation of the right to privacy. Understanding the legal tools available is the first step in defending one's dignity and reputation. In these circumstances, the intervention of an experienced criminal lawyer is essential to assess the situation and act promptly and effectively.

Aggravated Defamation on Social Networks

In Italy, the law protects the reputation of every individual. Posting content on platforms like Facebook, Instagram, or other social networks that is offensive towards an ex-spouse constitutes, in most cases, the crime of defamation, governed by Article 595 of the Penal Code. When this occurs online, the crime is considered aggravated because the message has potentially unlimited dissemination and can reach an indeterminate number of people. For the crime to be established, three essential elements must be present: offense to a person's reputation, communication of this offense to at least two people, and the absence of the offended person at the time of communication.

Protection of Image and Right to Privacy

In addition to defamation, the unauthorized sharing of photographs, videos, or private conversations constitutes a violation of the right to image and privacy. This type of behavior infringes upon a person's most intimate sphere and can cause profound damage, both personal and professional. The law provides specific tools to request the immediate removal of such content and to obtain fair compensation for the prejudice suffered. It is important not to underestimate the seriousness of these actions, which can have lasting consequences on the victim's life and, if involved, also on the children.

The Approach of Studio Legale Bianucci

Dealing with a situation of online defamation requires a clear and decisive legal strategy. The approach of lawyer Marco Bianucci, an expert criminal lawyer in Milan, focuses on a two-pronged action: immediate protection and prosecution of the perpetrator. The first step involves meticulous evidence gathering, such as complete screenshots with the date, time, and URL of the offensive posts, to solidify proof before potential deletion. Subsequently, a formal notice is issued to request content removal, and in parallel, a complaint is considered for filing with the competent authorities. Each case is analyzed to define the most appropriate strategy, which may also include seeking compensation for moral damages and damage to reputation.

Frequently Asked Questions

What are the risks for defamation via social media?

Aggravated defamation is punishable by imprisonment from six months to three years or by a fine of not less than 516 euros. In addition to criminal sanctions, the perpetrator may be ordered to compensate the victim for the damages caused, the extent of which is determined by the judge based on the seriousness of the act and the prejudice suffered.

How can I prove offensive posts if they are deleted?

It is crucial to act with the utmost speed. The primary evidence consists of a screenshot of the post, which must be as complete as possible (including the author, date, time, and comments). In complex cases, it may be useful to rely on a technician for a forensic IT report that attests to the authenticity and origin of the content, making the evidence difficult to contest in legal proceedings.

How long do I have to file a complaint for defamation?

The deadline for filing a complaint for the crime of defamation is three months. This period begins from the day the offended person had actual knowledge of the fact, i.e., from when they first viewed the defamatory post or comment.

Can I ask for financial compensation for posts from an ex?

Yes, it is possible. A claim for damages can be made by joining the criminal proceedings as a civil party or by initiating a separate civil lawsuit. Compensable damages include both moral damages (inner suffering) and damages to image and reputation, which may also have economic and professional consequences.

Request a Consultation to Protect Your Reputation

If you are a victim of offensive posts or a violation of your privacy by your ex-spouse, it is essential to act quickly to limit the damage and assert your rights. Waiting could compromise the ability to gather effective evidence and act within legal deadlines. Lawyer Marco Bianucci offers legal consultation in Milan to analyze your specific situation and outline the most effective strategy for your protection. Contact Studio Legale Bianucci at Via Alberto da Giussano, 26 for a professional evaluation of your case.