Commentary on Judgment No. 19028 of 2024: Right to Report and Defamation

Judgment No. 19028 of July 11, 2024, issued by the Court of Cassation, addresses a topic of great relevance in the Italian legal landscape: the delicate balance between the right to report and the defense of others' reputation. This order, which rejects the appeal filed by C. (C. V.) against P. (F. U.), clarifies the conditions under which a journalist can benefit from the defense of the right to report, particularly when the source of information is investigative or judicial in nature.

The Right to Report and Defamation

According to the maxim expressed in the judgment, in matters of civil liability for defamation, the legitimate exercise of the right to report exempts the journalist from the obligation to verify the reliability of the information source, provided that it originates from competent authorities. However, it is essential for the journalist to verify the evolution of the news at the time of its dissemination, to ensure the putative truth of the news itself. In other words, the assertion of truth is not automatic and requires continuous updating.

Defamation by press - Exercise of the right to report - Investigative or judicial information source - Putative truth of the news - Configurability - Conditions - Verification of the evolution of the news at the time of its dissemination - Necessity. In matters of civil liability for defamation, if the legitimate exercise of the right to report exempts the journalist from the obligation to verify the reliability of the information source when it originates from investigative or judicial authorities, the applicability of the defense of the right to report, at least putatively, requires them to verify in a complete and specific manner, through necessary temporal updating, the veracity of the news at the time of its dissemination.

Implications of the Judgment

This judgment marks an important step in Italian jurisprudence, emphasizing that journalists must actively verify news, even when it comes from sources considered reliable. This implies that information professionals must be constantly updated on the news they cover to ensure the accuracy of the information disseminated. The implications are manifold, both for journalists and for news outlets, which must carefully monitor the news they publish.

• Need for information updates.
• Legal risks for disseminating unverified news.
• Importance of professional responsibility in journalism.

Conclusions

In conclusion, judgment No. 19028 of 2024 represents an important reflection on the responsibility of journalists within the context of the right to report. It highlights the need for continuous updating and verification of news to avoid the dissemination of potentially defamatory information. This balance between freedom of the press and the protection of reputation is crucial for ensuring accurate and responsible information in our society.