The ruling of Cass. civ., Sez. I, Ord. n. 3772/2024 and the right to report

The recent ruling by the Court of Cassation, no. 3772 of February 12, 2024, offers important reflections on the delicate balance between the right to report and the protection of reputation. The ruling fits into a context of increasing attention towards individual rights in relation to news published by the media, emphasizing how truth and public interest can justify the dissemination of potentially harmful information.

The case under examination

The controversy arises from an article published in 2008 in the newspaper "La Repubblica," which involved a well-known entrepreneur and a magistrate. The Court of Appeal of Naples had initially upheld the request for damages by D.D., the entrepreneur's daughter, condemning the Editorial Group L'Espresso Spa and the journalists involved. However, the Court had to assess whether the dissemination of the news was justified by the right to report, applying the exemption provided by Article 51 of the penal code.

The Court found that the crime of defamation by means of the press was not configurably, as the conditions for applying the exemption of the right to report were met.

The criteria for assessing non-pecuniary damages

A crucial aspect of the ruling concerns the quantification of non-pecuniary damages. The Court of Appeal had initially awarded compensation of €3,000.00, an amount that the Cassation deemed inadequate. Jurisprudence, particularly the tables developed by the Court of Milan, provides criteria for fair compensation, taking into account various factors:

  • The notoriety of the defamer and the defamed;
  • The nature of the defamatory conduct;
  • The consequences on the professional activity and life of the defamed.

The Cassation highlighted that the Court of Appeal did not adequately justify the choice to consider the damage as of "medium severity," despite the fact that lawyer D.D. was not a well-known professional at the time of the events. This led to the decision to refer the case for a new assessment.

Conclusions

The ruling of Cass. civ., Sez. I, Ord. n. 3772/2024 represents an important step in jurisprudence regarding defamation by means of the press and the right to report. It underscores the importance of a balanced assessment between the freedom of information and the protection of reputation. For professionals in the legal field and for the media, it is essential to understand the criteria for assessing damages and how they may vary depending on the specific circumstances of the case. The final decision of the Court of Appeal of Naples, following the referral, will be awaited with interest to understand how the principle of equity will be applied in the assessment of damages.

Bianucci Law Firm