In brief. In Italy, damaging another person’s reputation can be a crime, not merely a civil wrong. Defamation (diffamazione, art. 595 of the Criminal Code, c.p.) punishes anyone who, communicating with several persons and in the absence of the offended party, injures another’s reputation. Penalties rise where the offence is committed through the press, social media or other means of publicity, and rise again where a specific fact is attributed. The offence is prosecuted only on the victim’s complaint (querela), filed within a strict deadline — and the law recognises defences, above all the right to report, criticise and inform, that can defeat the charge entirely.

Defamation as a criminal offence

Unlike many common-law systems, Italy treats reputation as a criminally protected interest. The relevant provision is art. 595 c.p., diffamazione, which sits among the offences against personal honour. It applies where a person, communicating with more than one other person and in the absence of the offended party, harms that person’s reputation. Both elements are essential: a one-to-one exchange is not defamation under art. 595, and an insult delivered to the person’s face historically belonged to a separate offence (ingiuria, decriminalised in 2016 and now a civil matter).

For ILA’s international clients, the criminal character of defamation is often a surprise. A negative online review, a social-media post, a press article or a business e-mail copied to several recipients can all give rise to a criminal complaint, with the prospect of a criminal record and a parallel civil claim for damages.

The elements and penalties (art. 595 c.p.)

The basic offence of diffamazione is punished with imprisonment of up to one year or a fine. The Code then sets out graduated aggravations:

  • Attribution of a specific fact (attribuzione di un fatto determinato): where the statement attributes a precise factual allegation — rather than a generic value judgment — the penalty rises to imprisonment up to two years or a higher fine, because a concrete accusation is more damaging and more verifiable.
  • Defamation through the press or other means of publicity (col mezzo della stampa o con qualsiasi altro mezzo di pubblicità): imprisonment from six months to three years, or a fine of at least €516. After Constitutional Court judgment no. 150/2021, imprisonment is reserved for cases of exceptional seriousness; in ordinary cases a fine applies. This third paragraph is the one most often engaged today.
  • Defamation against a public body or addressed to political, administrative or judicial authorities: a further aggravation.

The offence is one of intent (dolo): the author must be aware of communicating an injurious statement to several people. There is no requirement of a specific intent to harm beyond that awareness.

Online defamation and the press

The third paragraph of art. 595 — defamation “by means of the press or any other means of publicity” — is the gateway to the modern law of online defamation. Italian case law has consistently held that the internet is a mezzo di pubblicità: posts on social networks, comments on forums, blog articles, mass e-mails and online reviews fall squarely within the aggravated form, exposing the author to the higher penalty range.

A recurring complication is jurisdiction and reach: a defamatory statement published online is regarded as committed where it is perceived by third parties, which can found Italian jurisdiction even when the author posted from abroad. For the press in the strict sense, special rules on the director’s liability and on rectification (rettifica) also apply. In judgment no. 150/2021 the Italian Constitutional Court struck down art. 13 of the Press Law (Law 47/1948), which imposed mandatory imprisonment for press defamation attributing a specific fact, and held that imprisonment under art. 595(3) c.p. may be imposed only in cases of exceptional seriousness.

The querela: deadline and withdrawal

Defamation is prosecuted only on complaint (a querela della persona offesa). The offended party must file the querela within three months of learning of the offending statement; miss the deadline and prosecution is barred. This deadline is a frequent and powerful defence point, especially for older online content whose “discovery” date is contested.

Equally important, because the offence is complaint-based, the withdrawal of the complaint (remissione di querela) — typically obtained through an apology, a published correction and a negotiated settlement — closes the proceeding. A large share of defamation cases are resolved this way, and the firm routinely negotiates such outcomes for clients on both sides of the dispute. The broader family of offences protecting personal interests is mapped in the crimes against the person pillar.

Defences: truth, criticism and the right to report

Italian law and case law recognise three classic justifications (scriminanti) that, where their conditions are met, exclude punishability altogether.

  • Right to report / chronicle (diritto di cronaca): a journalist or author may publish injurious facts where the information is true (or diligently verified), of public interest, and expressed in civil, measured form (continenza). These three requirements — truth, public interest, restraint — are cumulative.
  • Right to criticise (diritto di critica): value judgments and opinions are protected where they rest on a true factual basis, concern a matter of public interest, and remain within the bounds of restraint. Criticism may be sharp, but it may not descend into gratuitous personal attack.
  • Right of judicial defence (diritto di difesa): statements made in the exercise of the right of defence in proceedings enjoy protection under art. 598 c.p.

Beyond these, the defence may contest the diffusion element (communication to several persons), the identifiability of the offended party, the deadline of the querela, or the distinction between fact and opinion that governs which aggravation applies. The firm also coordinates the criminal defence with the parallel civil claim for damages, since a settlement on the civil side frequently unlocks withdrawal of the criminal complaint. To assess a complaint received or to be filed, contact us via the contact page.

FAQ

Is defamation a crime in Italy? Yes. Diffamazione under art. 595 c.p. is a criminal offence punishing harm to another’s reputation communicated to several people in the offended party’s absence. It can carry imprisonment — for press and online defamation only in cases of exceptional seriousness — and a parallel civil claim for damages is common.

How long does the victim have to file a complaint? The querela must be filed within three months from when the offended party becomes aware of the defamatory statement. If the deadline passes, prosecution is barred. The withdrawal of the complaint (remissione di querela) — often through an apology and settlement — closes the case.

Can truth be a defence to defamation in Italy? Yes, within limits. The diritto di cronaca (right to report) protects the publication of true, diligently verified facts of public interest, expressed in measured form. The related diritto di critica protects opinions resting on a true factual basis. All three requirements — truth, public interest, restraint — must be satisfied.

Contact the firm

Whether you have received a defamation complaint or need to respond to a damaging publication, the three-month querela deadline and the available justifications should be assessed quickly. See the crimes against the person pillar, the firm profile, or write to us through the contact page.