Discovering that a fake profile is spreading defamatory information about oneself is a deeply destabilizing experience. The internet amplifies offenses, threatening personal and professional reputation at lightning speed. As a lawyer specializing in damages compensation and criminal law in Milan, Avv. Marco Bianucci understands the urgency and delicacy of these situations, offering targeted legal support to stop the abuse and obtain just reparation.
In our legal system, the creation of a fake account to offend, discredit, or spread false news constitutes the crime of defamation. When this conduct occurs on social networks or other online platforms, the law provides for an aggravated form of the crime, precisely because of the uncontrollable diffusion capacity of the internet. The damage generated is not only moral but can extend to financial aspects, especially if the victim suffers repercussions at work or in business. In addition to the necessary protection in criminal proceedings to identify and punish the perpetrator, the victim has the full right to seek compensation for damages suffered.
The approach of Avv. Marco Bianucci, a lawyer specializing in damages compensation in Milan, is based on timeliness and methodological rigor. The first fundamental step consists of the forensic acquisition of evidence: simple screenshots are often insufficient in court. It is essential to preserve the offensive web pages before they are deleted, giving them full legal value. Subsequently, the Bianucci Law Firm acts to request the immediate removal of the content from platform operators and, in parallel, prepares the most effective strategy for identifying the perpetrator through the competent authorities. Once the responsible party is identified, the focus shifts to the rigorous quantification of image, moral, and possibly financial damages, to ensure the client fair compensation proportionate to the offense suffered.
Identifying the material author of an anonymous or fake profile requires specific investigative tools. Through a formal complaint, the judicial authority can order internet service providers to provide the IP addresses and connection logs associated with the incriminating account. This technical step is crucial for tracing the physical identity of the person who committed the defamation.
For the crime of defamation, the deadline to file a complaint is three months from the day the injured party became aware of the fact. In the case of content published on the internet, the calculation of this period can present complexities, but it is always advisable to act with the utmost promptness to avoid the statute of limitations and the loss of digital evidence.
Unfortunately, to initiate civil action for damages, it is essential to know the identity of the perpetrator. If criminal investigations do not lead to the identification of the perpetrator, direct compensation action against the material author cannot be taken. However, in very specific circumstances, the responsibility of the provider or platform could be considered if they failed to remove illicit content after a formal and detailed report.
The first rule is not to respond to provocations and not to contact the fake profile. It is vital to immediately document everything that has been published, preferably by engaging a professional for forensic evidence acquisition. Avoid immediately reporting the profile to the platform for removal before saving the evidence in a legally unassailable manner, otherwise, you risk destroying the object of the crime itself.
Suffering attacks on your online reputation requires a firm and strategically impeccable legal response. The costs of legal proceedings depend on numerous factors specific to each case, such as the complexity of the necessary IT investigations and the extent of the damage suffered. During the initial consultation, Avv. Marco Bianucci will analyze the situation and provide a clear and transparent overview of the expected financial commitment and the legal actions to be taken. Contact Bianucci Law Firm at its Milan office at via Alberto da Giussano, 26, to schedule an appointment and begin defending your rights and dignity.