Analysis of Judgment No. 38772 of 2024: Insulting a Public Official and Virtual Presence
Judgment No. 38772 of September 19, 2024, addressed by the Court of Cassation, provides important insights into the issue of insulting a public official, particularly in relation to the use of modern communication methods. In particular, the Court established that 'virtual' presence can fulfill the elements of the offense of insult, opening up new legal interpretations and a thorough analysis of criminal behavior in digital contexts.
Virtual Presence in the Legal Context
According to the ruling, the Court stated that the presence of multiple persons, required to constitute the insult, is not limited to physical presence but also extends to virtual presence. This is particularly relevant in the context of social media platforms like Instagram, where offenses can be broadcast live to a wide audience.
Presence of multiple persons - "Virtual" presence - Equivalence - Offense. In the case of insult, the presence of multiple persons is also integrated in cases of "virtual" presence, through audio-visual communication means that allow third parties to perceive in real-time (in this case, during a live session on the "social network" Instagram) the offenses directed at public officials.
This interpretation broadens the concept of 'public' and 'presence' in criminal law, making online behaviors comparable to offline ones. The Court referred to previous jurisprudence that had already begun to outline this new horizon, as highlighted in earlier maxims.
Implications for Italian Jurisprudence
The recognition of virtual presence as a constitutive element of insult has several implications:
- Strengthening the protection of public officials even in digital contexts.
- The possibility of prosecuting behaviors deemed offensive even if they occurred during live streaming.
- The need for greater awareness among users regarding the risks associated with their online actions.
This approach not only responds to a need for modernization of criminal law but also reflects an ongoing cultural shift, where the boundary between public life and private life is becoming increasingly blurred.
Conclusions
Judgment No. 38772 of 2024 represents a significant step in Italian jurisprudence, highlighting how the law must adapt to new technologies and the social behaviors that arise from them. Virtual presence, now recognized as equivalent to physical presence, invites a broader reflection on the rights and duties of social media users, as well as the responsibility of the platforms themselves in monitoring and preventing illegal behaviors.
