Defamation in the press (Compensation for reputational damage, damage to honor and decorum, image and very personal rights) Web law, forums and social networks:

Defamation in the press (Compensation for reputational damage, damage to honor and decorum, image and very personal rights) Web law, forums and social networks.
Defamation is a crime provided for by the Italian legal system consisting in the offense to the reputation of others carried out through direct communications, through any means, to several people other than the offended person, in his absence.

As a result, there are also consequences of a civil nature, including by way of non-contractual liability.

The offended person, therefore, in the face of the damage suffered as a result of the violation of their right to image, reputation,
honor and / or the so-called Privacy will certainly be able to act in civil proceedings against the agent for compensation for
damage (property and otherwise) suffered.

This problem exists both in cases of defamation by traditionally understood press (paper), and in all other cases in which the
defamation is consumed through other digital means of communication such as newspapers and web magazines, online, blogs,
social networks such as facebook, twitter and others, instant messaging apps, etc

In the past, the criteria for establishing territorial jurisdiction in matters of defamation were different depending on the means of communication through which the harmful conduct was carried out: territorial jurisdiction was rooted, in the event of defamation in the press, in the place of publication of the printed matter. , in the place where the television broadcast was recorded for the defamation committed through the TV and in the place of residence of the injured party in the event of defamation via the web or internet.

Therefore, the Supreme Court has outlined a single system for identifying the judge with territorial jurisdiction for all disputes relating to defamation, proposing as the only criterion the domicile or, alternatively, the residence of the injured party, as the place where the damaging event takes place. and cd locus commissi delicti.

The United Sections of the Supreme Court of Cassation with Ordinance n. 21661 of 13.10.2009, established that: “in the proceedings brought for compensation for damages resulting from the defamatory content of a television broadcast and, more
generally, those deriving from the prejudice of the rights of the personality caused by mass media, the competence for the territory is rooted, with reference to the “forum commissi delicti” pursuant to art. 20 of the Code of Civil Procedure, in the place of domicile (or of the registered office of the legal person) or, in case of diversity, also of the residence of the injured party. This
identification – which corresponds to the place where the negative repercussions of the damage to reputation occur – allows, on the one hand, to avoid an “ambulatory” criterion of competence, potentially damaging the constitutional principle of the preconstitution of the judge, and, on the other hand, , appears to adhere to the concept of compensable damage understood not as damage-event, but as damage-consequence, allowing, finally, to identify the competent judge in order to favor the injured person who, in such disputes, is usually the weakest subject. “.

With the entry into force of Law 98/2013 (conversion law of Legislative Decree 69/2013), the principles relating to territorial
jurisdiction relating to the proceedings for compensation for damages from defamation are the same also for the out-of-court and mediation phase.