Territorial Jurisdiction in Defamation: Analysis of Judgment No. 26919 of 2024

The recent judgment No. 26919 of March 15, 2024, by the Court of Milan offers significant insights regarding territorial jurisdiction in cases of defamation committed through radio and television broadcasts. This issue, of great importance in the Italian legal landscape, deserves in-depth analysis to understand the legal implications and applicable rules.

The Case Under Review

The Court of Milan addressed the delicate issue of territorial jurisdiction in defamation cases, specifying that, pursuant to Article 30, paragraph 5, of Law No. 223 of August 6, 1990, jurisdiction must be established with reference to the forum of residence of the victim. This implies that, regardless of who is responsible for the offense, jurisdiction lies in the place where the victim of defamation resides.

Defamation committed through radio and television broadcasts - Attribution of a specific fact - Territorial jurisdiction - Forum of residence of the victim. In matters of defamation committed through radio and television broadcasts and consisting of the attribution of a specific fact, even after judgment No. 150 of 2021 of the Constitutional Court, territorial jurisdiction must be established, in application of Article 30, paragraph 5, second part, of Law No. 223 of August 6, 1990, with reference to the forum of residence of the victim, whoever the subject called to answer for the crime may be.

Implications of the Judgment

This judgment represents an important evolution in Italian jurisprudence regarding defamation, particularly concerning mass media. The Court emphasized that the victim has the right to seek justice in the forum most favorable to them, considering the damaging power that defamatory statements can have on the reputation and image of the person concerned.

• Recognition of the victim's right to choose the competent forum.
• Clarification of rules on territorial jurisdiction in cases of crimes committed through media.
• Strengthening of legal protection for victims of defamation.

Conclusions

Judgment No. 26919 of 2024 represents a step forward in protecting citizens' rights, allowing them to take legal action in the forum that is closest and most relevant. The importance of this decision lies in its ability to ensure fairer access to justice for victims of defamation, thus contributing to a more responsible and dignity-respecting media environment.