Territorial Jurisdiction in Defamation: Analysis of Judgment No. 26919 of 2024

The recent judgment No. 26919 of March 15, 2024, by the Court of Milan provides significant insights regarding territorial jurisdiction in cases of defamation committed through broadcasting. This issue, of great relevance in the Italian legal landscape, deserves a thorough analysis to understand the legal implications and applicable norms.

The Case Under Review

The Court of Milan addressed the delicate issue of territorial jurisdiction in defamation cases, specifying that, according to Article 30, paragraph 5, of Law No. 223 of August 6, 1990, jurisdiction must be established in reference to the residence of the offended party. This implies that, regardless of who is the party called to answer for the crime, jurisdiction lies in the place where the victim of the defamation resides.

Defamation committed through broadcasting - Attribution of a specific fact - Territorial jurisdiction - Residence of the offended party. In cases of defamation committed through broadcasts and consisting of the attribution of a specific fact, even after Judgment No. 150 of 2021 by the Constitutional Court, territorial jurisdiction must be established, pursuant to Article 30, paragraph 5, second part, of Law No. 223 of August 6, 1990, with reference to the residence of the offended party, regardless of who is the party called to answer for the crime.

Implications of the Judgment

This judgment represents an important evolution in Italian jurisprudence regarding defamation, particularly concerning mass media. The Court emphasized that the offended party has the right to seek justice in the forum most favorable to them, considering the damaging power that defamatory statements can have on the reputation and image of the person involved.

  • Recognition of the right of the offended party to choose the competent forum.
  • Clarification of the norms on territorial jurisdiction in cases of crimes committed through media.
  • Strengthening of legal protection for victims of defamation.

Conclusions

Judgment No. 26919 of 2024 represents a step forward in the protection of citizens' rights, allowing them to take legal action in the nearest and most relevant forum. The significance of this decision lies in its ability to ensure more equitable access to justice for victims of defamation, thereby contributing to a more responsible media environment that respects the dignity of others.

Bianucci Law Firm