Analysis of Ruling No. 15755 of 2024: Investigative Journalism and the Right to Report

The recent Ruling No. 15755 of June 5, 2024, issued by the Court of Cassation, focused on a topic of great relevance for the world of journalism: the right to report and its implications in the dissemination of news through so-called investigative journalism. This ruling offers important food for thought, particularly regarding the justification of exercising the right to report and the conditions that must exist for an article not to be considered defamatory.

Investigative Journalism and Defamation

The Court stated that, in the context of investigative journalism, journalists can analyze and interpret facts, providing an original and in-depth contribution. However, it is essential that the distinction between objective facts and their interpretation is clear within the article. This aspect is crucial to prevent the reader's perception from being altered.

• Respect for the criterion of truth in the narration of facts.
• Clarity in distinguishing between facts and opinions.
• Analysis and interpretation of facts in a way that does not compromise the truth of the presented data.

Investigative journalism - Characteristics - Analysis and interpretation of facts - Admissibility - Justification of exercising the right - Conditions. In matters of defamation by press, in so-called investigative journalism – where facts, presented in compliance with the criterion of truth, can be analyzed, interpreted, and correlated, with the originality inherent in journalistic in-depth reporting – the journalist is justified when it remains clear, within the article, what the objective facts are and what their reading and evaluation are, so that the reader's perception is not altered.

Legal References and Practical Implications

The ruling refers to several articles of the Civil Code and the Penal Code, as well as constitutional provisions, emphasizing the importance of a balance between the right to report and the protection of others' reputation. In particular, Article 21 of the Constitution guarantees freedom of expression, but this right is not unlimited. Thus, jurisprudence has always sought to define the boundaries within which investigative journalism can operate without incurring defamation.

It is therefore essential that professionals in the sector understand the guidelines set by the Court, so that they can exercise their right to report consciously and responsibly. The ruling offers a clear message: respect for truth and clarity in communication are essential elements to avoid legal sanctions.

Conclusions

In conclusion, Ruling No. 15755 of 2024 represents an important step forward in defining the rules governing investigative journalism in Italy. It clarifies that, despite freedom of expression, journalists must operate with rigor and responsibility, ensuring that their narrative respects the boundary between fact and interpretation, so that the reader can form an informed and undistorted opinion.