Analysis of Order No. 15755 of 2024: Investigative Journalism and the Right to Report

The recent Order No. 15755 of June 5, 2024, issued by the Court of Cassation, focused on a topic of great relevance to the world of journalism: the right to report and its implications in the dissemination of news through so-called investigative journalism. This ruling offers important points for reflection, particularly regarding the justification for exercising the right to report and the conditions that must exist for an article not to be considered defamatory.

Investigative Journalism and Defamation

The Court stated that, in the context of investigative journalism, journalists can analyze and interpret facts, providing an original and in-depth contribution. However, it is crucial that the article clearly distinguishes between objective facts and their interpretation. This aspect is essential to prevent the reader's perception from being altered.

  • Respect for the criterion of truth in the narration of facts.
  • Clarity in distinguishing between facts and opinions.
  • Analysis and interpretation of facts in a way that does not compromise the truth of the information presented.
Investigative journalism - Characteristics - Analysis and interpretation of facts - Admissibility - Justification for exercising the right - Existence - Conditions. In the context of defamation by means of the press, in so-called investigative journalism - where facts, presented in accordance with the criterion of truth, can be analyzed, interpreted, and correlated, with the original contribution typical of journalistic investigation - the journalist is justified when it remains clear within the article what the objective facts are and what their reading and evaluation are, so that the reader's perception is not altered.

Regulatory References and Practical Implications

The order cites several articles from the Civil Code and the Penal Code, as well as provisions from the Constitution, highlighting the importance of a balance between the right to report and the protection of others' reputations. In particular, Article 21 of the Constitution guarantees freedom of expression, but this right is not unlimited. Thus, jurisprudence has always sought to define the boundaries within which investigative journalism can operate without incurring defamation.

It is therefore essential that professionals in the field understand the guidelines set forth by the Court, so they can exercise their right to report in a conscious and responsible manner. The ruling conveys a clear message: respect for truth and clarity in communication are indispensable elements to avoid incurring legal penalties.

Conclusions

In conclusion, Order No. 15755 of 2024 represents an important step forward in defining the rules that govern investigative journalism in Italy. It clarifies that, despite the freedom of expression, journalists must operate with rigor and responsibility, ensuring that their narration respects the boundary between fact and interpretation, so that the reader can form an informed and undistorted opinion.

Bianucci Law Firm