Defamation and Liability: Ruling No. 38755 of 2023 and IP Ownership

Ruling No. 38755 of July 14, 2023, by the Court of Cassation, has sparked significant debate on liability for the crime of defamation, particularly concerning the use of social media platforms like Facebook. The defendant, L. P. M. Venegoni Andrea, was accused of defamation through offensive messages published online. The Court ruled that proof of IP address ownership is not necessary to establish the defendant's liability, provided there are logical elements connecting the Facebook profile to the author of the posts.

Conditions for Establishing Liability

The Court clearly outlined the conditions under which liability for defamation can be established without a technical investigation of the IP address. The ruling states:

Technical Investigation - Necessity - Exclusion - Conditions. For the purpose of establishing liability for the crime of defamation, a technical investigation into the ownership of the IP address from which offensive messages were sent is not necessary, provided that the "facebook" profile can be attributed to the defendant based on logical elements, deducible from the convergence of multiple and precise circumstantial data such as the motive, the subject matter of the "forum" on which the messages are published, the relationship between the parties, and the origin of the "post" from the defendant's virtual wall using their "nickname."

This maxim outlines a more flexible approach compared to the traditional necessity of technical evidence in cases of online defamation. The Court, in fact, emphasizes that liability can be established through a combination of circumstantial evidence, which may include:

• The defendant's motive, which may suggest a defamatory intent.
• The subject matter of the forum or discussion, which must be relevant to the offensive content.
• The existing relationship between the parties involved, which can influence the interpretation of the messages.
• The origin of the posts, meaning whether they actually originate from the defendant's profile.

Legal and Practical Implications

This decision has significant legal implications, especially in a context where online communication is increasingly prevalent. It clarifies that, even in the absence of complex technical investigations, criminal liability for defamation can be proven using a series of logical inferences. This is particularly relevant in an era where online anonymity and the viral spread of content can hinder the identification of those responsible.

Conclusions

Ultimately, ruling No. 38755 of 2023 represents a significant step towards greater accountability for users of social media platforms. The Court of Cassation has highlighted the importance of an approach based on logical and circumstantial elements, rather than rigorous technical evidence. This could encourage more responsible use of social media, as users will be more aware of the legal consequences of their online actions.