Commentary on Judgment No. 19028 of 2024: Right to Report and Defamation

Judgment No. 19028 of July 11, 2024, issued by the Court of Cassation, addresses a topic of great relevance in the Italian legal landscape: the delicate balance between the right to report and the defense of others' reputation. This ruling, which rejects the appeal made by C. (C. V.) against P. (F. U.), clarifies the conditions under which a journalist can benefit from the exemption of the right to report, particularly when the source of the information is of an investigative or judicial nature.

The Right to Report and Defamation

According to the maxim expressed in the judgment, in terms of civil liability for defamation, the legitimate exercise of the right to report exempts the journalist from the obligation to verify the reliability of the information source, provided that it comes from competent authorities. However, it is essential for the journalist to verify the evolution of the news at the time of its dissemination, to ensure the putative truth of the news itself. In other words, the assertion of truth is not automatic and requires continuous updating.

Defamation by means of print - Exercise of the right to report - Investigative or judicial information source - Putative truth of the news - Configurability - Conditions - Verification of the evolution of the news at the time of its dissemination - Necessity. In terms of civil liability for defamation, if the legitimate exercise of the right to report exempts the journalist from the obligation to verify the reliability of the information source when it comes from an investigative or judicial authority, the applicability of the exemption of the right to report, at least putatively, imposes on them the requirement to fully and specifically verify, through necessary temporal updating, the truthfulness of the news at the time of its dissemination.

The Implications of the Judgment

This judgment marks an important step in Italian jurisprudence, emphasizing how journalists must actively verify news, even when it comes from sources deemed reliable. This implies that information professionals must be constantly updated on the news they handle, so they can ensure the accuracy of the information disseminated. The implications are manifold, both for journalists and for news outlets, which must carefully monitor the news published.

  • Need for updating information.
  • Legal risks for disseminating unverified news.
  • Importance of professional responsibility in journalism.

Conclusions

In conclusion, judgment No. 19028 of 2024 represents an important reflection on the responsibility of journalists in the context of the right to report. It highlights the necessity for continuous updating and verification of news, to avoid the dissemination of potentially defamatory information. This balance between freedom of the press and protection of reputation is crucial to ensure correct and responsible information in our society.

Bianucci Law Firm