Military Defamation: Ruling No. 37618 of 2023 on Chat Communication

The recent ruling No. 37618 of May 19, 2023, issued by the Court of Cassation, offers important insights into military defamation, particularly concerning the use of messaging application chats like WhatsApp. This decision clarifies how the dissemination of offensive messages in restricted contexts should not be considered the use of a means of publicity, thus excluding the aggravating circumstance provided for by the Penal Code.

Context of the Ruling

The case originated from a complaint for military defamation, in which an offensive message was sent via WhatsApp to a limited number of people. The Court of Appeal of Rome, in the first instance, had considered the use of WhatsApp to constitute an aggravating factor, but this interpretation was subsequently rejected by the Court of Cassation.

Military Defamation - Dissemination of an offensive message via "WhatsApp" - Aggravating circumstance of using a "means of publicity" - Exclusion - Reasons. In the context of military defamation, the dissemination of an offensive message in a "chat" on the "WhatsApp" application does not constitute the aggravating circumstance of using a "means of publicity," as it is a communication tool intended for a limited number of people and lacks the necessary widespread reach.

Legal Implications

The Court's decision is based on a clear distinction between private and public communication channels. According to Article 595 of the Penal Code, defamation occurs when an individual offends another's reputation by communicating with multiple people. The Court therefore emphasized that WhatsApp, being a closed communication medium intended for a limited group, cannot be considered a means of publicity.

• The dissemination of offensive messages in private contexts is not equivalent to publication on a mass communication medium.
• The aggravating circumstances provided for defamation are applicable only when the communication reaches a broad audience.
• This ruling could have repercussions on similar cases, better defining the boundaries of defamation in digital contexts.

Conclusions

In summary, ruling No. 37618 of 2023 represents a significant step forward in defining military defamation in a contemporary context characterized by new forms of communication. The Court has clarified that the use of communication tools like WhatsApp, when limited to a very small number of people, cannot constitute the aggravating circumstance of using a means of publicity. This principle could influence how cases of defamation are handled in the military sphere and beyond, establishing a significant precedent for future jurisprudence.