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Can you be subjected to a slander via the Internet?

Law 547/93, which has included in our legislation several current illicit circumstances defined at generic level as "cybercrimes", has not however included anything compared to the possibility of adding also the illicit of slander generated at the computer or telematic level.

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It is not complicated to state, however, that the types of offense based on Articles 594 (outrage) and 595 (slander) of the criminal code, are general enough to cover all those carried out iniquitous that occur through computer systems and current generic communication technologies (SMS, Chat, Newsletter and so on).

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The Co itself, in a new provision, confirms this decision, announcing that it is even clear that "the offenses established by articles 594 and 595 of the Criminal Code can also be carried out through electronic or computerized means, just refer to the e-mails, for understand that it is certainly probable that a subject, sending to more subjects messages aimed at insulting a person, attends the traditional behavior of the offense (if the recipient is the same person offended) or of slander (if the recipients are different subjects) " (see Box V of the Criminal Code, 27.12.2000, No. 4741).

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The Supreme Court asserts, above all, that the unlawful slander occurs when the message is taken by people who are third parties to the subject who sends it and to the outraged person.

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In fact, the link between injustice and its reception is not useful "although the recipients may well be very distant from each other, that is, from the agent".

From what has been said, it can be said that slander and outrage, not only through e-mail, but can also occur the various information systems: mailing lists, computer magazines, newsgroups, the Web and chats.

What rights are there for those who buy goods or services on the Internet?

Legislative Decree 22.5.1999, n. 185, concerning the protection of users in the context of remote contract stipulations, provides that the user, in adequate time, before concluding any remote contract stipulation, needs to obtain the following data (Article 3):

the name of the supplier and, when contracts are stipulated that presume the advance pay, the domicile must also be known;

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particularity of the good or the performance;

cost of the goods or services, including taxes;

delivery cost;

settlement to make payment, delivery and any other form of implementation of the contract;

existence of the right of recession or refusal of the same pursuant to Article 5, co. 3;

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ways and times related to the return or collection of the asset in the presence of the right of recession;

price of the use of remote communication rules, when it is quantified on a different basis from the base price;

duration of the offer and the cost;

minimum contract time in the context of contracts for the supply of goods or services in a constant or regular manner.

The provisions referred to in paragraph 1, whose purpose at the commercial level must be undoubted, must be stated in an exact and clear manner, with any instrument in conformity with communication technology implemented at a distance, taking into account above all the rules of trust and honesty in the field trade negotiations, determined in relation to the need to defend the mainly defenseless consumer classes. In situations of telephone notifications, the name of the supplier and the commercial purpose of the telephone communication must be expressed explicitly at the beginning of the dialogue with the consumer, otherwise he will be subject to a contractual nullity.

In the situation of using rules that allow a dialogue at the individual level, the data referred to in paragraph 1 are made explicit, where the consumer makes an express request, in Italian. In such circumstances, the guarantee and subsequent communications on the basis of art. 4.

Furthermore, the consumer has the right to obtain (Article 4) a guarantee in writing or, by his will, on a different medium available to him and at his disposal, of all communications established on the basis of Article 3, co. 1, in advance or when the contractual stipulation takes place.

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Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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