

DIRITTI DIGITALI UTENTI ONLINE
When
DEFAMATORY CONTENT ONLINE
Social Media:
Facebook/Instagram/X Posts:
-
"John Doe is a scammer, don't pay him"
-
"Mike Smith stole money from the company"
-
"Jane Green is a bad person"
Public comments:
-
Comments under others' posts that offend you
-
Defamatory tweet replies
-
Offensive YouTube comments
Stories/Reels:
-
Even if temporary (24h), screenshots provide evidence
-
Instant but documentable defamation
Websites/Blogs:
Defamatory articles:
-
Personal blogs with false accusations
-
"Counter-information" sites with defamation
-
Forums with offensive threads
False/offensive reviews:
-
Google My Business: "Dirty restaurant, dishonest owner"
-
TripAdvisor: false reviews to damage
-
Trustpilot: defamation disguised as reviews
Groups/Chats:
Facebook/WhatsApp Groups:
-
If messages shared with multiple people
-
Even private chats if later disseminated
Telegram/Discord:
-
Public channels or large groups
Video/Podcasts:
YouTube:
-
Videos that defame you
-
Offensive descriptions
Podcasts:
-
Episodes with false accusations
WHEN IT DOES NOT APPLY
Exercise of right to report:
Requirements (all necessary):
-
True fact (objective truth)
-
Public interest (relevance to the community)
-
Restraint (correct form, not gratuitous offense)
Exercise of right to criticize:
Requirements:
-
Personal opinion (not attribution of false facts)
-
Factual basis (true facts from which opinion derives)
-
Public interest or legitimate private interest
-
Expressive restraint
RIGHT AGAINST ONLINE DEFAMATION
What it is
The right against online defamation is the right to protection from reputation damage through content published on the Internet (social media, websites, blogs, forums, reviews) that: Attribute to you dishonorable, offensive or dignity-damaging facts Are communicated
Base normativa
-
Art. 595 Criminal Code - Defamation
-
Art. 595 paragraph 3 Criminal Code - Press defamation (aggravating for online)
-
Art. 21 Constitution - Freedom of expression
-
Law 47/1948 - Press (applicable to websites/blogs)
-
Art. 13 Legislative Decree 70/2003 - Provider liability
-
Privacy Authority