Can I be reported for what I post on social media?
Yes, if you offend someone's reputation communicating with several people. Posting on social media, forums or groups phrases that offend a person's reputation, communicating with several people, can be the crime of defamation (art. 595 of the Criminal Code), aggravated when the offence is made through a means of publicity like the internet. It doesn't matter whether the person is present: what counts is the spread of the offence. Freedom of expression and the right to criticise exist, but have limits: criticism must stay within truth, moderation (not gratuitously offensive tones) and public interest. Insult (an offence directly to a present person) is now a civil wrong (decriminalised), but still entails damages. Sharing defamatory content can also have consequences.
📋 The rules
- Offending reputation to several people: defamation (art. 595)
- Aggravated if done through a means of publicity (internet)
- Lawful criticism within truth, moderation and interest
- Insult (present person): civil wrong, still damages-bearing
- Even sharing defamatory content can have consequences
🔓 Exceptions
- Right to criticise and report, within truth, moderation and public interest
- Opinions and judgments not gratuitously offensive on true facts
- Phrases addressed only to the person, in private: not defamation (possible insult)
⚠️ Penalties & fines
Defamation is prosecutable on the offended person's complaint, to be filed within 3 months: it entails a penalty (fine or imprisonment, heavier in the aggravated cases) and a duty to compensate the damage, including moral harm. The offended person can request removal of the content and a correction. On the civil side, insult and the spread of harmful content also entail compensation. Before posting, remember that freedom of criticism doesn't authorise insults or falsehoods: express opinions on true facts, in measured tones. Keep the evidence (screenshots) if you're the victim: you'll need it for the complaint and the damages action.
📎 Official sources
- Normattiva · Criminal Code (defamation, art. 595) →
- Garante Privacy · Content sharing and personal protection →
- Postal Police · Online offences and reporting →
❓ Frequently asked
What do I risk if I offend someone on social media?
You can be reported for defamation (art. 595 of the Criminal Code), aggravated because committed through a means of publicity like the internet. You risk a penalty (fine or imprisonment) and a duty to compensate the damage. The offended person can also request removal of the content.
What's the difference between defamation and insult?
Defamation is offending a person's reputation communicating with several people (it's a crime). Insult is an offence addressed directly to a present person: it's now decriminalised and is a civil wrong, but still entails compensation for the damage.
Can I criticise a company or a public figure?
Yes, the right to criticise and report exists, but within precise limits: truth of the facts, moderation (not gratuitously offensive tones) and public interest. Criticism on true facts and in measured tones is lawful; insults and falsehoods aren't, and can be defamation.
Is sharing a defamatory post a crime?
It can have consequences. Sharing or relaunching defamatory content contributes to its spread and, depending on the case, can entail liability. Before sharing, consider whether the content offends others' reputation with false or gratuitously offensive statements.
What do I do if I'm the one being defamed?
Keep the evidence (screenshots with date, URL, profiles), file a complaint within 3 months of learning of the fact, and you can request removal of the content and compensation. For online content you can also report to the platform and, in serious cases, the Postal Police.
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