Il bilanciamento tra tutela dell'onore e diritto di critica nella diffamazione sui social network: la 'porta stretta' della 'insostituibilità lessicale'

Manca, Giovanni

2021-01-01

---

Abstract

In order to judge whether the offense to the reputation is justified by the exercise of the right of criticism, from the point of view of expository continence, it should be considered whether the harmful words used are an « irrepla-ceable » lexical vehicle — that is, without the use of which it would be impossible to manifest the same concept —to express censorship. Facing with the overflowing of verbal aggression on social networks, the Court of Cassation seeks a balance between freedom of expression of thought and criminal repression of the offense to honor, risking to give substance to an instrument of repression of ignorance, capable of limiting freedom, while a really rigorous parameter of the presence of continence or, on the contrary, gratuitousness of the offensive expression would be found in the presence or absence of a logical or argumentative rational set.