Offending a person through Facebook, Instagram, WhatsApp groups or other digital tools is not a "trivial" behaviour: it may amount to the offence set out in article 595, paragraph 3, of the Italian Penal Code, namely defamation aggravated by the means of publicity. Criminal relevance stems precisely from the ability of these tools to spread the offensive content to a wide and potentially indeterminate audience, thereby increasing the harm to reputation.
Even the publication of seemingly "ironic" content — such as drawings, memes, caricatures or offensive captions targeting classmates, colleagues or acquaintances — can entail criminal liability. An aspect often underestimated is that removing the content shortly afterwards does not erase the offence: defamation is completed at the very moment the content is published and made accessible to other users.
Social networks as "places open to the public"
According to the case law of the Italian Supreme Court of Cassation, social networks must be regarded as genuine "places open to the public", regardless of the number of friends or followers. This means that even a profile with few connections may trigger the aggravating circumstance of the means of publicity. Moreover, the offence exists even when the offended person is not expressly identified by name and surname: it is sufficient that they are identifiable through indirect elements, details or references that allow other users to recognise them. The Court of Pescara took the same view in judgment no. 652 of 5 March 2018.
Prosecution and protection of the offended person
From a practical standpoint, it is important to know that aggravated defamation is an offence prosecuted upon criminal complaint by the offended person. This means that anyone who believes their reputation has been damaged must act promptly to protect their rights. In a digital environment where content spreads rapidly, intervening correctly and in a timely manner can make the difference both on the criminal side and in terms of damages compensation.