Apology of Fascism: Analysis of Judgment No. 37859 of 2024
Judgment No. 37859 of June 28, 2024, filed on October 15, 2024, represents an important step in the fight against the apology of fascism in Italy. In this case, the defendant, F. P., was convicted for using videos and photographs to promote an openly fascist movement, encouraging the "comrades of the network" to enlist and participate in such demonstrations. This judgment leads us to reflect on the balance between freedom of expression and the protection of democratic values.
The Legal Context of the Judgment
The crime of apology of fascism is governed by Law No. 645 of June 20, 1952, Article 4, which punishes propaganda and exaltation behaviors capable of procuring adherence to the dissolved fascist party. The Court reiterated that to configure the crime, it is necessary to demonstrate a concrete danger of reconstitution of the fascist party, a condition that the defendant's conduct clearly satisfied.
Apology of fascism - Conduct - Concrete danger of reconstitution of the fascist party - Necessity. The crime of apology of fascism postulates a conduct of propaganda and exaltation that is concretely capable of procuring adherences and consents functional to the reconstitution of the dissolved fascist party. (In this case, the Court confirmed the conviction of the defendant, depicted in videos and photographs, subsequently published "online," in which he addressed the "comrades of the network," inviting them to enlist in a movement defined as "fascist" and to participate in a demonstration of the same movement).
The Implications of the Judgment
The decision of the Court of Cassation emphasizes the importance of monitoring and suppressing any attempt to reconstitute totalitarian ideologies. Analyzing the case, we can identify some key points:
- Freedom of Expression: The judgment clarifies the limits of freedom of expression, highlighting that it is not absolute when it comes to ideologies that threaten democratic values.
- Digital Responsibility: The use of online platforms to spread messages of fascist propaganda is particularly insidious and requires careful regulation.
- Precedents: Previous rulings, such as those from 2021 (No. 11576) and 2014 (No. 40629), strengthen the Court's position, creating an important legal precedent.
Conclusions
Judgment No. 37859 of 2024 not only reaffirms the conviction for the apology of fascism but also the urgency of keeping attention on these issues alive, especially in an era when extremist ideologies can proliferate through social media. It is essential that civil society and institutions work together to prevent the repetition of historical mistakes, thus protecting democratic values and human dignity.
