- Defamation, Cassation: blog is not enough as a source
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09 June 2020 The Constitutional Court postpones the discussion of the constitutionality issue that had been raised by the courts of Salerno and Bari for one year on the rules that punish journalists convicted of defamation with prison to give Parliament time to intervene with a new discipline, since "they are currently pending in various draft laws".A decision that has been taken, as explained in a press office statement "in respect of loyal institutional collaboration".
The Courts of Salerno and Bari have raised doubts about the constitutional legitimacy of the prison sentence provided for in the event of defamation in the press, with particular reference to Article 21 of the Constitution and Article 10 of the European Convention on Human Rights .
The solution of the questions posed, according to the Consulta, "requires a complex balancing operation between the freedom of manifestation of thought and the protection of the person's reputation, both rights of central importance in the constitutional order". And "a remodeling of this balance, now urgent in the light of the indications of the jurisprudence of the European Court of Human Rights, is primarily up to the legislator".
Hence the decision to postpone "the discussion of the issues to the public hearing of 22 June 2021", having taken note of the pending in Parliament of several bills on the subject, to allow the Chambers to intervene with a new discipline.
"Pending the future decision of the Court - explains the press release again - the criminal proceedings in which the legitimacy issues discussed today were suspended".