Judgment No. 31698 of 2024: Reflections on Defamation by Press

The recent judgment of the Court of Cassation No. 31698 of June 19, 2024, has brought to light important considerations regarding the crime of defamation by press, particularly in the context of editorials. This ruling not only clarifies the requirements of putative truth and expressive restraint but also underscores the crucial role the author's authority plays in influencing the reader's perception.

The Legal Context of Defamation by Press

Defamation, as regulated by Article 595 of the Criminal Code, constitutes a crime that can severely damage a person's reputation. However, the law also provides defenses, including putative truth, which allows for the exclusion of criminal liability if the author of the statement can demonstrate they acted in good faith and had reasonable grounds to believe what they stated was true.

In this judgment, the Court confirmed that, in the case of editorials, the assessment of these requirements must be carried out with greater rigor. This is because an editorial, being an opinion expressed by an author of recognized authority, can significantly influence public opinion and, consequently, the reputation of the individuals involved.

The Ruling's Maxim

Editorial - Putative truth – Expressive restraint – Evaluation criteria – Indication. In matters of defamation by press, the requirements of putative truth and expressive restraint must be evaluated with greater rigor in the case of an editorial, due to both the author's authority (which leads the so-called average reader to place greater trust in the article's content) and the significance of such a contribution within the newspaper, circumstances from which a greater offense to the person's reputation arises.

This maxim highlights that, in the presence of an editorial, the author must be particularly careful in how they express their opinions, as an unfounded or excessive statement can harm another's reputation more incisively than other types of articles.

Practical Implications for Journalists and Publishers

The implications of this judgment are significant for professionals in the field. It is essential for journalists and publishers to:

• Accurately verify sources and information before publishing an editorial.
• Use balanced and respectful language, avoiding statements that could be defamatory.
• Consider the authority and responsibility that comes with their position, recognizing the impact their words can have.

In this way, not only will people's reputations be protected, but quality information will also be maintained, respecting the fundamental principles of freedom of the press.

Conclusions

In conclusion, Judgment No. 31698 of 2024 represents an important reference point for jurisprudence on defamation by press. It emphasizes the need for a rigorous approach in evaluating putative truth and expressive restraint, especially when dealing with editorials. This decision not only protects the rights of defamed individuals but also promotes responsible and respectful information.