For the Court, Fedez’s is “a vulgar expression” but since he is “accustomed to provocations” “the shock effect is more limited”
“The assessment of the effective offensiveness of certain expressions cannot be made in an abstract way, but must take into account the context within which the communication takes place. A vulgar expression, made by a subject such as Fedez, accustomed to provocationsundoubtedly implies a more limited ‘shock effect’ of those that would entail if coming from a usually composed and authoritative person”. It is one of the key passages of the sentence of the Court of Rome, which Adnkronos has read, which rejected the request for compensation in the civil court advanced by Codacons against Fedezaccused by the association of having defamed her through a series of statements on social media.
“Within a social channel managed by a public figure of this nature – reads the sentence of the judge of the eighteenth civil section, Cecilia Pratesi – where informal language is usually usedeffective images are used, the expressions used – precisely because they are deliberately excessive – lose in a certain sense of power, and consequently their offensive range weakens, because an insult, pronounced in a context of this nature, is not actually capable of causing an serious disturbance and least of all to undermine the reputation of anyone”.
For the judge, therefore, “an undoubtedly vulgar expression like ‘you can go fuck yourself‘ can take on outrageous connotations if pronounced within an institutional context, or during debates (also online) of cultural, philosophical or political content, or even addressed to constituted authorities or religious, but it can be perceived as merely joking if pronounced among friends, as it has become socially tolerated over time (for example) during a football match, or during a heated discussion, and therefore also within a platform social networks with strictly popular toneswhich certainly does not offer itself as a place for polite comparisons of opinions or high-profile debates”.
The Codacons response was very harsh: “The Court of Rome, therefore, authorizes anyone to offend and insult, provided that the offense comes from a person prone to provocation – the association thunders – At this point we will open on our website a section where anyone can send to hell or insult friends or relativesbut also politicians, VIPs, ministers, etc., without the risk of incurring any crime”.
The Codacons announces that it will present exposed to the Superior Council of the Judiciary and to the Pg of the Cassation, “for having put on the same level a influencer addicted to foul language and a non-profit association recognized by law and representing the interests of millions of consumers” and also “to ascertain whether these statements of license to offend are consistent with the function of guardians of legality which should be assigned to the magistrates who pronounce these sentences in the name of the people Italian. We will also open
a survey to understand if citizens agree on the content of this sentence”, concludes Codacons.