06 Feb defamation on the web

In the event of defamation via the web, the competent judge must be identified according to the accused's place of residence. The V Criminal Section of the Court of Cassation reminds us of the rule that establishes jurisdiction, with a sentence of particular interest, whereas, in the current historical moment, the internet is often the tool used to engage in defamatory conduct ex art. 595 c.p. . The judges of legitimacy have specified that, in the event of defamation via the web, where it is not possible to verify the role of consummation of the crime, territorial jurisdiction must be rooted in relation to the place where part of the action took place, that is, in the place where the defamatory content was uploaded and placed on the network (Cass. 854/21).