Suffering attacks on one's reputation through social networks is a painful experience that can have serious repercussions on personal and professional life. The speed with which information spreads on platforms like Facebook and Instagram makes it crucial to act promptly and precisely. As an experienced criminal law attorney in Milan, lawyer Marco Bianucci deeply understands the emotional and social impact of these events, offering targeted legal support to restore violated dignity.

The Crime of Defamation on Social Networks

In the Italian legal landscape, publishing offensive or denigrating comments on a public wall or in a social group constitutes the crime of aggravated defamation. Case law has indeed equated social networks to the press, considering their intrinsic ability to reach an indeterminate number of people. This means that the penalties for those who damage another's reputation online are particularly severe.

The Crucial Importance of Evidence

The central issue in online defamation cases is the collection and preservation of evidence. Many believe that a simple screenshot from their smartphone is enough to incriminate the perpetrator. However, from a procedural standpoint, images captured from the screen can be easily challenged by the opposing party, as they are alterable or digitally manipulable.

To ensure that evidence holds up in court, it is necessary to proceed with a forensic acquisition of the web page or through an authentic copy drafted by a qualified professional, who certifies the existence of that content at a specific historical moment. Furthermore, it is essential to capture the web address of the profile and the incriminating comment before the author decides to delete it.

Tracing the Author's Identity

Another frequent challenge is represented by fake or anonymous profiles. Proving that a specific account belongs to a specific person requires careful investigation. Through a formal complaint, law enforcement can be activated to conduct technical investigations, such as requesting IP addresses from service providers, to trace the actual user of the device from which the defamatory message originated.

The Approach of the Bianucci Law Firm

Handling a digital defamation case requires legal expertise and attention to technological details. The approach of lawyer Marco Bianucci, an experienced criminal law attorney in Milan, focuses on building a solid and unassailable evidentiary framework. The firm carefully evaluates every single element, from the severity of the expressions used to the context in which they were inserted, to draft a detailed and effective complaint.

Each case is handled with the utmost confidentiality and with a personalized strategy. The primary goal is to protect the client's image, also evaluating the most appropriate actions to obtain the removal of harmful content and the consequent compensation for moral and material damages suffered.

Frequently Asked Questions

Is a Facebook or Instagram screenshot valid evidence in court?

A simple screenshot can be a useful initial clue to explain the facts, but it is often insufficient as irrefutable evidence in a criminal trial. The opposing party could deny its authenticity. It is always advisable to proceed with a forensic computer acquisition to unequivocally certify the presence of the defamatory post or comment online.

What can I do if the person who defamed me uses a fake profile?

Even if the author hides behind an anonymous profile, it is possible to file a complaint against unknown persons by providing all useful elements in your possession, such as the link to the profile and the exchanged messages. It will then be up to the Judicial Authority to delegate the IT investigations to trace the IP address and identify the perpetrator of the crime.

How much time do I have to report defamation on social media?

The deadline for filing a defamation complaint is three months. This period does not necessarily start from the day the post was published, but from the moment the victim became aware of it. However, acting promptly is crucial to prevent evidence from being deleted.

Protect Your Reputation: Contact the Firm

If you believe your reputation has been compromised by comments or posts on Facebook, Instagram, or other platforms, it is essential to act with clarity and with the support of a professional. The costs and timelines of legal action depend on the specifics of each case and the necessary investigations. Contact lawyer Marco Bianucci at the Milan office at via Alberto da Giussano, 26, to schedule an initial consultation: we will analyze your case together to define the most appropriate protection strategy for your situation.