The Legal Risks of Disinformation in the Digital Age

We live in an era where information sharing is immediate and pervasive. However, a simple click on a social network or forwarding a message on WhatsApp can lead to unexpected and severe legal consequences. As a criminal lawyer in Milan, I increasingly observe how the dissemination of unverified news, commonly known as 'fake news', can transcend mere jest or good-faith error, constituting actual criminal offenses. It is crucial to understand that constitutionally guaranteed freedom of expression encounters an insurmountable limit when false information disrupts public order or damages the reputation of others.

The Regulatory Framework: When Fake News Becomes a Crime

In our legal system, there is no specific crime called 'dissemination of fake news', but the conduct can integrate various offenses provided for by the Penal Code depending on the consequences produced. The main reference norm is Article 656 of the Penal Code, which punishes the 'Publication or dissemination of false, exaggerated, or tendentious news likely to disturb public order'. For the crime to be constituted, it is not enough for the news to be false: it must be capable of generating social alarm or threatening public tranquility.

Another frequent hypothesis is that of causing alarm to the Authorities (Art. 658 c.p.), which occurs when false news unnecessarily activates law enforcement or rescue services. Furthermore, if the false news concerns a specific person and offends their reputation, it falls within the scope of aggravated defamation (Art. 595 c.p.), a crime that, if committed via the web or social networks, carries more severe penalties than simple defamation. The assessment of criminal relevance requires careful analysis of intent, i.e., awareness of the falsity of the news and the will to disseminate it.

The Approach of Studio Legale Bianucci in Criminal Defense

Facing criminal proceedings arising from the use of communication media requires a modern and technically impeccable defense strategy. Avv. Marco Bianucci, an expert lawyer in criminal law in Milan, approaches these cases by starting with a rigorous analysis of the disseminated content and the context in which the publication occurred. The defense line often focuses on verifying the subjective element of the crime: it is necessary to demonstrate whether there was a real intention to disturb public order or whether, on the contrary, the user acted in good faith, perhaps deceived by the plausibility of the news.

At Studio Legale Bianucci, located at via Alberto da Giussano 26, each case is handled with the utmost confidentiality and attention to technical details. When necessary, we collaborate with IT consultants to analyze digital traces and contextualize the actual scope of dissemination. Our goal is to protect the client from accusations that, although born in the virtual world, have concrete and heavy repercussions on real life and criminal records.

Frequently Asked Questions

What are the risks if I share false news on Facebook without knowing it?

If the sharing occurs in complete good faith and without awareness of the falsity of the news, the subjective element of the crime (intent) might be lacking. However, negligence does not always exclude responsibility, especially if the news is clearly implausible and capable of creating panic. It is essential to evaluate the specific case with a lawyer.

When does the crime of causing alarm occur?

The crime of causing alarm occurs when false or exaggerated news is capable of generating a non-existent danger that disturbs public order, or when it causes unjustified intervention by the Authorities (Carabinieri, Police, Firefighters), diverting them from their real duties.

Can satire be considered the dissemination of false news?

Satire is a protected form of expression, but it must respect certain limits. If the satirical content is not recognizable as such and is perceived by the average user as true news capable of alarming the population, a criminal charge could still be risked.

Can I be reported for defamation if I comment on fake news?

Yes. If the comment on false news contains offenses to the reputation of a specific person, you can be held responsible for aggravated defamation, regardless of the veracity of the original news being commented on.

Request a Legal Consultation in Milan

If you have been accused of disseminating false news or fear that your online behavior may have criminal relevance, it is crucial to act promptly. Contact Avv. Marco Bianucci for a preliminary assessment of your case. Studio Legale Bianucci is at your disposal to define the best defense strategy and protect your rights.