Judgment No. 25059 of 2023: The Role of Notoriety and Presumptions in Defamation

The recent judgment No. 25059 of April 21, 2023, issued by the Court of Cassation, offers important clarifications on proving damages in cases of defamation. In particular, the Court confirmed the legitimacy of resorting to notoriety and presumptions to demonstrate the damage to a person's reputation. This principle is based on the consideration that the dissemination of damaging statements almost always causes moral suffering to the offended party.

The ruling's maxim

Defamation - Damages compensation - Proof - Resort to notoriety and presumptions - Legitimacy. Resort to notoriety and presumptions is legitimate in proving damages arising from damage to reputation conveyed through means that disseminate defamatory content, considering that, based on id quod plerumque accidit, it can be presumed that such damage has caused the offended party moral suffering deserving of compensation and that the causal link is, in this case, so evident as to make the judge's burden of motivation regarding the existence of compensable moral damages satisfied by referring to the content and dissemination methods of the damaging statements.

The meaning of the maxim

This maxim represents a fundamental step in understanding defamation and damages compensation. In essence, the Court establishes that, in cases of defamatory statements, it is not necessary to prove in detail the damage suffered by the individual. The presumption of moral damages is, in fact, based on the idea that a person's reputation is a valuable asset and that any attack on it generates suffering that deserves compensation.

• Resorting to notoriety allows not only for the recognition of moral suffering for damaged reputation but also for the simplification of the evidentiary process.
• This approach aligns with the principle of equity, which seeks to ensure adequate protection of individual dignity.
• The judgment is also based on the provisions of the Italian Penal Code, particularly Articles 185 and 595, which govern damages compensation and defamation.

Conclusions

In conclusion, judgment No. 25059 of 2023 represents an important affirmation of the right to reputation and dignity, emphasizing how moral suffering arising from defamatory acts must be adequately compensated. The use of notoriety and presumptions in proving damages constitutes a step forward towards more accessible justice that respects individual rights. Legal professionals should consider this jurisprudential trend to best protect the rights of their clients.