The state of the art in terms of sanctions for libel in the light of the dialogue between national and European courts
Abstract. The findings of the European Court of Human Rights, adopted by the Constitutional court in its recent order of 26 June 2020, n. 132, require the legislator to revise arts. 13, l. 8 February 1948, n. 47, and 595, c. 3, c.p., in so far as they provide for the penalty of jail for libel aggravated by the use of the press and including the attribution of a given fact. The paper aims to briefly review the process that led the Constitutional Court to issue the referred order, with which, by postponing the decision on the legitimacy of articles to June 22, 2021, the Court wanted to give the legislator the chance to take action in the field of libel, in the light of the various bills concerning the revision of the discipline of libel by the press currently under consideration by the Parliament.
SUMMARY: 1. Libel by the press and the position of the newspaper editor. – 2. The proportion of penalty in the light of the jurisprudence of the Court of Strasbourg. – 3. The wait-and-see policy of the Constitutional court. – 4. The bills on the revision of the discipline of libel by the press under consideration by the Parliament.
To read the Reflection, click on “open file”.
To read the order of 26 June 2020, n. 132 issued by the Constitutional Court, here discussed, click here.