Frequently Asked Questions about Defamation and Reputation
What is the difference between insult and defamation?
It is a fundamental difference. Insult (Ingiuria) (today only a civil wrong) is an offense made "face-to-face," directly to the interested person and without witnesses. Defamation (a crime, art. 595 Criminal Code) occurs when a person's reputation is offended by speaking of them to "multiple people" (at least two) while they are absent. An online post is almost always aggravated defamation because the communication is directed to a potentially unlimited audience.
What do I risk if I respond to an offense with another offense?
This is a very common mistake. You risk "cross defamation". Even if provoked, responding to a public insult with another public insult is in itself an offense. The law provides for the institution of "provocation" as an extenuating circumstance or cause of non-punishability, but a judge must always evaluate it. Responding through legal channels, and not "an eye for an eye", is always the best strategy to avoid being in the wrong.
How do you prove a verbal offense that occurred without digital evidence?
It is the most difficult situation, the classic "word against word" (which this Radar identifies as Low Solidity). The only way to prove such a fact is through witnesses. For the law, "third-party" witnesses (people not related to you by kinship or friendship, e.g., another customer, a colleague) carry much more weight. Without witnesses willing to sign a statement and, potentially, come to court, it is almost impossible to prove a verbal offense.