Anyone who has read an offensive comment about themselves in a public group or under a post has wondered at least once: "Is this defamation?". The answer depends on a few specific elements. Knowing them helps you not to underestimate a serious attack, but also not to turn a merely unpleasant opinion into a legal battle.
What defamation is
Under Italian criminal law, defamation is governed by Article 595 of the Criminal Code. Put simply, it occurs when a person damages the reputation of another, who is not present, by communicating with several people. There are three elements:
- harm to reputation, meaning how a person is regarded by others;
- the absence of the injured person when the offensive statement is communicated;
- communication with several people, at least two.
The internet almost always satisfies the third requirement: a public post, a group comment, a review or a video can potentially be seen by a great many people. That is why online defamation is considered more serious than words spoken in front of a few: the law provides for an aggravated form when the offence is spread through the press or any other means of publicity, and social networks fall within that notion.
Defamation and insult: the difference
If the offensive statement is addressed directly to the person, for example in a private message or a video call, it is called insult (ingiuria). Since 2016 insult has no longer been a crime in Italy, but it remains a civil wrong for which damages can be claimed.
Online, the line is not always sharp. A message in a group chat that includes the injured person may be assessed differently from a public post where that person is not present. In these cases the specific situation matters.
Opinion, criticism or attack?
Not everything that hurts is defamation. Italian law protects the right to criticise, provided it respects certain limits that case law sums up in three criteria:
- truth of the facts on which the criticism is based;
- public interest in the subject;
- restraint, meaning a measured form of expression that does not slide into gratuitous insult.
Saying a restaurant "served a cold dish and the service was slow" is criticism. Saying the owner "is a fraudster who poisons customers", with no basis at all, goes much further.
How long you have to act
This is the point many people discover too late. Defamation is an offence prosecuted only on a complaint by the injured person, and the complaint must be filed within three months of the day you learned of the facts. Online, the deadline generally runs from when you discovered the content, not necessarily from when it was published. That is why it is important to note straight away the date you became aware of the post.
The possible routes
When faced with defamatory content there are several routes, which are not mutually exclusive:
| Route | What it is for |
|---|---|
| Flagging it to the platform | Getting the content removed or hidden quickly |
| Request to the author | Asking for removal or a correction, often through a lawyer |
| Criminal complaint | Starting criminal proceedings against the author |
| Civil action | Obtaining compensation for the harm suffered |
Flagging to the platform is usually the first step, because it is the quickest. It does not rule out the others.
What to prepare
Whatever route you choose, you will need clear documentation:
- a full screenshot of the content, showing the author, the date and the page address;
- the exact address of the post or comment;
- an indication of who else saw, shared or commented on it, if you know;
- the date you became aware of it.
Act before the content is deleted: the author may remove it as soon as they realise it has been noticed.
Common mistakes
- Replying with more insults: you risk becoming a defamer yourself.
- Sharing the post to denounce it publicly: you increase its reach.
- Waiting too long: the three-month deadline for a complaint passes quickly.
- Mistaking anonymity for impunity: even an anonymous profile can be identified in the course of proceedings.
In short
- Defamation requires harm to reputation, absence of the injured person and communication to several people.
- Online it is considered more serious, because the content reaches a potentially wide audience.
- Criticism is lawful if it rests on true facts, concerns matters of public interest and is measured in tone.
- A criminal complaint must be filed within three months of learning of the facts.
- Document the content immediately and do not reply with further insults.