The paper analyzes the penal discipline of press defamation in the Italian legal system in comparison with the ECHR law. In particular, starting from the sentences of the European Court of Human Rights, a consolidated orientation has originated, which considers the penalty of imprisonment in contrast with art. 10 of the ECHR. The Italian legislation, consisting of art. 595 of the Penal Code and art. 13 of the Press Law, has been repeatedly censured because it provides for im-prisonment for journalists found guilty of defamation. The Constitutional Court was asked to resolve the question of the constitutional legitimacy of the national law by comparing it with the interposed community norm pursuant to art. 117, paragraph 1 of the Constitution. With Ordinance no. 132 of 2020 the Constitutional Court postponed the decision, also waiting for the intervention of the legislator.
Diffamazione e pena detentiva: la libertà di informazione tra ordinamento interno e CEDU nella ordinanza 132 del 2020 della Consulta
Carlo Magnani
2021
Abstract
The paper analyzes the penal discipline of press defamation in the Italian legal system in comparison with the ECHR law. In particular, starting from the sentences of the European Court of Human Rights, a consolidated orientation has originated, which considers the penalty of imprisonment in contrast with art. 10 of the ECHR. The Italian legislation, consisting of art. 595 of the Penal Code and art. 13 of the Press Law, has been repeatedly censured because it provides for im-prisonment for journalists found guilty of defamation. The Constitutional Court was asked to resolve the question of the constitutional legitimacy of the national law by comparing it with the interposed community norm pursuant to art. 117, paragraph 1 of the Constitution. With Ordinance no. 132 of 2020 the Constitutional Court postponed the decision, also waiting for the intervention of the legislator.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
