A recent ruling by the Court of Cassation, issued by the V Criminal Section, has precisely addressed the complex issue of territorial jurisdiction in cases of defamation via television broadcasts. This topic, increasingly relevant in the modern era of communication, is of fundamental importance for defining the competent forum in which the offense can be prosecuted.
The territorial jurisdiction in matters of defamation is often a subject of debate, given the pervasive and cross-border nature of TV broadcasts. The Court of Cassation clarified that, in such cases, the competent forum can be determined based on the place where the offense had its effect, namely where the defamatory content was perceived by the public. This principle is based on the interpretation of the harm suffered by the injured party, which can be widespread and have an impact in multiple jurisdictions.
"The determination of territorial jurisdiction must take into account the actual and potential impact of the defamatory content," the Court emphasized.
For criminal defense attorneys, this ruling represents a crucial reference point when it comes to defending the rights of those who have been defamed or those accused of defamation. It is essential to understand the legal dynamics governing territorial jurisdiction to ensure adequate legal representation.
The ruling offers practical guidance for navigating the complex intricacies of jurisdiction, providing effective legal tools to address defamation cases.
If you need legal assistance on this delicate issue, the Bianucci Law Firm is at your disposal. With the support of a team of experts, we are ready to offer you personalized and professional advice. Do not hesitate to contact us for an assessment of your case.