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| It's a regular
occurrence in our country the polemic concerning freedom of the press,
mainly since the Tangentopoli cyclone has started an enquiry season wherein
the uncontrolled rumours, interrogatories and arrests of prominent public
figures appeared in advance on the major newspapers. In this high-tension
climate between policy and magistracy, the press has had and still has
a certainly important but a high-risk role.
Often newspapers have spread not tested news so that notification of investigation turns sometime into an in advanced verdict. Nevertheless we should not forget that at the same time this phenomenon, it has developed the easy libel system against reporters. In the past who only wanted to protect his own image applying to magistracy, used to devolve, in the case of a favour sentence, what gained with actions to charity work. Nowadays the easy libel has become instead a source of incomes, since newspapers at law are required of billionaire compensations for damages. The problem is to plant paying all attention to the jurisprudence. Emblematic, this sense , is a some year ago sentence. The Court of Venice - First Section (sentence N. 659/96 delivered on October 16th 1996 - All. N. 5), carrying out an accusation-action brought by the Prosecuting Magistrate c/o Magistrate's Court of Trento, has acquitted the columnists and the Director of the daily newspaper “L'Adige” quoting the follow grounds of the judgement: “...as it is well-known, in asserting the right of chronicle (meaning that the divulgation of the objective narration of facts merely aimed to information) constitutes , according to the disposals of both art. 21 Cost. and 51 CP.C., a cause of justification for the offences that, due to its assertion, it could be brought to other's reputation. |
It is on the
other side quite settled, within doctrine as well as in jurisprudence,
that the existence of such cause could be recognised only toward narration
that:
1) must correspond to a present and public interest concerning the divulgation of facts; 2) must report facts, rigorously true; 3) must result temperate within the expressing form Supporting this sentence
there's another one , dated October 3rd 1986, delivered by the Court of
Rome, where it is written:
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