The widespread diffusion of social networks and digital platforms has made communication instantaneous, but it has also exposed individuals and companies to the concrete risk of seeing their reputation damaged in seconds. Being the victim of insults, denigrating comments, or false news on the web is not just a momentary inconvenience, but can lead to serious repercussions on personal and professional life. As an expert lawyer in damages compensation and reputation protection in Milan, Avv. Marco Bianucci deeply understands the anxiety and frustration that accompany these situations, offering legal support aimed at restoring the truth and obtaining fair compensation.
The Legal Framework: Aggravated Defamation via the Internet
In our legal system, offending another's reputation by communicating it to multiple people constitutes the crime of defamation, provided for by Article 595 of the Italian Penal Code. When such conduct occurs via the internet or social networks (such as Facebook, Instagram, LinkedIn, or Google reviews), the law considers it a form of aggravated defamation. This is because the medium used has a potentially unlimited diffusion capacity and is capable of reaching an indeterminate number of people, making the damage to reputation much more serious than verbal defamation in a limited context.
It is crucial to distinguish the legitimate right to criticism, constitutionally guaranteed, from gratuitous and denigrating personal attacks. Case law has clarified that the right to criticism must respect the limit of verbal restraint: when it descends into insult or spreads untrue facts with the intent to discredit, it crosses the boundary of legality. In these cases, the victim has the right to take action both in criminal proceedings, to seek punishment of the perpetrator, and in civil proceedings to obtain compensation for material and moral damages suffered.
The Approach of the Bianucci Law Firm to Online Defamation
Addressing a case of defamation on the web requires promptness and technical, as well as legal, expertise. The approach of Avv. Marco Bianucci, a lawyer with extensive experience in managing defamation cases in Milan, is based on a rigorous strategy aimed at crystallizing evidence before it can be deleted. Often, in fact, the author of the offense removes the content fearing consequences, making legal action more complex if preventive measures are not taken.
The Bianucci Law Firm assists the client from the preliminary phase, coordinating, if necessary, the intervention of IT technicians for the forensic acquisition of the incriminating web pages or posts. Subsequently, the most appropriate strategy is evaluated: from sending a formal notice for immediate removal of the damaging content and requesting a retraction, to filing a complaint or initiating civil action for damages. The primary objective of Avv. Marco Bianucci is to ensure complete protection, aiming not only for financial compensation but also, and above all, for the restoration of the client's image and honorability, also considering procedures for the right to be forgotten.
Frequently Asked Questions
I found offensive comments about me on Facebook, what should I do immediately?
The first thing to do is not to respond to provocations to avoid being in the wrong. It is crucial to immediately save the evidence: simple screenshots may not have sufficient evidentiary value in court. It is advisable to contact a lawyer to proceed with an authenticated copy of the web page or a forensic acquisition that certifies the date, time, and content before they are removed.
How much time do I have to file a defamation complaint?
The deadline to file a complaint is three months from the day one becomes aware of the act that constitutes a crime. It is important not to confuse the publication date of the post with the date the victim actually became aware of it, although proving late knowledge can be complex. For civil action for damages, however, the statute of limitations is longer (five years).
Can I claim damages if the author of the post uses a fake profile?
Yes, the use of a fake profile does not guarantee absolute anonymity. Through a complaint against unknown persons, the Public Prosecutor's Office can order online investigations to trace the IP address and identify the device from which the message was sent. Once the responsible party is identified, Avv. Marco Bianucci can proceed with the claim for damages against them.
How is compensation for online defamation calculated?
Compensation does not have a fixed predetermined amount. The judge evaluates various parameters, including the severity of the offenses, the spread of the message (number of views or followers), the notoriety of the victim, and the concrete repercussions on their work and relational life. It is essential to accurately document every prejudice suffered to maximize the chances of fair compensation.
Request a Case Evaluation
If you believe your reputation has been unjustly compromised by online content, it is crucial to act quickly and precisely. The Bianucci Law Firm is at your disposal to analyze the defamatory content and outline the most effective path to protect your rights. Contact Avv. Marco Bianucci at the Milan office at Via Alberto da Giussano, 26, to schedule an initial consultation and evaluate the legal options available to you.