In the digital age, the reputation of a company or professional can be compromised in an instant by a negative review, especially if it is false or instrumental. We deeply understand the sense of frustration and helplessness one feels when seeing their work, built with years of sacrifice, unjustly attacked online. As a criminal lawyer in Milan, Avv. Marco Bianucci is aware that behind every defamatory review there is not only economic damage but also personal and professional injury that requires a firm and immediate response.
Freedom of expression and the right to criticize are guaranteed by the Constitution, but they are not unlimited. When a review on Google or social media exceeds the boundaries of expressive restraint, factual truthfulness, and relevance, it constitutes the crime of aggravated defamation (Article 595, paragraph 3 of the Italian Penal Code), as it is committed through a means of publicity. It is crucial to distinguish between legitimate criticism, even if harsh, and a gratuitous attack aimed at harming the honor and dignity of a person or company. Italian jurisprudence is clear: the use of offensive expressions, the attribution of untrue facts, or a purely denigrating intent transform an opinion into a criminal and civil offense.
Addressing online defamation requires a strategy that combines legal and technical expertise. The approach of Avv. Marco Bianucci, a lawyer specializing in criminal law and reputation protection in Milan, begins with a meticulous analysis of the damaging content. We do not limit ourselves to sending generic cease and desist letters; we work to crystallize evidence, a crucial element in the digital world where content can be deleted with a click. The strategy involves forensic acquisition of the incriminating web pages to guarantee their evidentiary value in court.
Subsequently, we evaluate the most effective course of action: from requesting out-of-court removal from the provider to filing a complaint with the competent authorities for the identification of the author, often hidden behind fake or anonymous profiles. The objective of Avv. Marco Bianucci is twofold: to obtain the removal of the defamatory content and to prosecute the responsible party to obtain fair compensation for damages, both pecuniary and non-pecuniary, suffered by the business.
Yes, it is possible to request the removal of a review if it violates the platform's policies or if the content is manifestly defamatory and illegal. However, Google and other search engines require precise and well-reasoned legal justifications. The intervention of an experienced lawyer significantly increases the chances of the request being accepted, transforming a generic report into a formal dispute based on law.
Apparent anonymity does not guarantee impunity. Through a defamation complaint, the Public Prosecutor's Office can order investigations to trace the IP address and the real identity of the person who published the content. Avv. Marco Bianucci assists clients in this delicate phase, collaborating with the authorities to unmask those who hide behind a fake account to damage competitors or for personal revenge.
The deadline for filing a complaint is three months from the day one becomes aware of the act that constitutes a crime. In the case of online defamation, given the permanence of the content on the web, it is essential to act promptly as soon as the offensive review is discovered, both to comply with legal deadlines and to limit the spread of reputational damage.
Absolutely yes. Those who commit defamation are obliged to compensate for all damages caused. This includes pecuniary damages (such as demonstrable loss of turnover or clients) and non-pecuniary damages (moral and image damages). Avv. Marco Bianucci works to correctly quantify these damage categories in order to obtain adequate compensation in civil proceedings or through the constitution of a civil party in criminal proceedings.
If your business or your person is under attack due to false or defamatory reviews, do not wait for the damage to become irreversible. Contact Avv. Marco Bianucci to schedule a consultation at his Milan office. Together, we will analyze the damaging content and define the best strategy to protect your reputation and obtain justice.