Effetto dissuasivo della pena detentiva e diffamazione a mezzo stampa: un nuovo equilibrio euroconvenzionalmente orientato

Aligning with the case-law of the ECtHR and documents of the bodies of the Council of Europe, the Italian Constitutional Court has acknowledged the need to strike a new balance between freedom of expression and protection of individual reputation. In particular, it has stated how prison sentences imposed for defamation by means of the press may determine a chilling effect on the “public watchdog” role of journalists. Therefore, it has adopted the decision technique inaugurated with the DJ Fabo/Cappato case, by postponing the hearing to June 2021 and asking the legislator to intervene in the sector. This essay intends to clarify how, in doing so, constitutional judges have complied with the negative obligations doctrine of the ECtHR, here with reference to art. 10 ECHR. Finally, proposed legislation under examination and possible reforms in such specific field of criminal law are evaluated.