Defamation on TikTok: The Court of Cassation Clarifies the Boundary Between Insult and Crime with Ruling No. 29458 of 2025
Social media are today stages for the expression and dissemination of content. The line between criticism and offense is complex, especially on platforms like TikTok. The Court of Cassation, with Ruling No. 29458 of 2025, offers clarity on the distinction between insult and defamation when the offense is conveyed via video.
Insult and Defamation: Distinctions
Insult (Art. 594 of the Italian Penal Code) offended honor in person. Defamation (Art. 595 of the Italian Penal Code) offended a person not present, communicated to multiple subjects. Legislative Decree No. 7/2016 decriminalized insult. Defamation retains criminal relevance, aggravated if committed "by any other means of publicity" (Art. 595, paragraph 3, of the Italian Penal Code).
The TikTok Case and the Decision
Mr. B. P.M. S. G. published an offensive video on TikTok. The victim witnessed it "live remotely," and the content remained available. The question was: aggravated insult (decriminalized) or defamation aggravated by a means of publicity?
The Court of Cassation confirmed. The nature of TikTok, with "comments," does not ensure the victim a direct relationship or immediate and equal adversarial engagement. This distinguishes defamation from insult.
The offense of defamation aggravated by a means of publicity other than the press, and not the decriminalized offense of insult aggravated by the presence of multiple people, is constituted by the conduct of the agent who publishes on the "TikTok" profile, attributable to them, a video containing offensive expressions which the recipient witnessed "live remotely," and which remained present for some time on the digital platform, as the possibility of inserting "comments" does not ensure the victim a direct relationship with the offender, nor immediate adversarial engagement in forms suitable to ensure a substantial "equality of arms."
This legal principle is crucial. The distinguishing criterion is not mere perception but the absence of immediate and equal interaction. The possibility of commenting does not equate to direct dialogue. The offense is conveyed to an unlimited audience, without effective recourse for the victim.
Key points for defamation on TikTok:
- Publication on a profile attributable to the agent.
- Victim's "live remote" perception.
- Persistence of the content on the platform.
- Absence of immediate and equal adversarial engagement.
Implications and Warning
This ruling has a significant impact. Freedom of expression online is not unlimited; digital platforms are subject to the law. The Court of Cassation equates social networks to "means of publicity" (Art. 595 of the Italian Penal Code). Publishing offensive content on TikTok or similar platforms can constitute aggravated defamation, with criminal consequences. Users must be aware of the repercussions and exercise their freedom of speech responsibly and respectfully.
Conclusions: Digital Awareness
Ruling No. 29458 of 2025 by the Court of Cassation is fundamental. It confirms the protection of honor and reputation online, emphasizing that the interactive, yet not equal, nature of platforms like TikTok shifts the boundary from decriminalized insult to aggravated defamation. Being informed and cautious is crucial. For doubts or protection, seeking advice from expert professionals is the wisest choice.
