Impartiality and accountability

Corte di Cassazione, sez. Un. 

Supreme court, Joint Chambes

6965

17/03/2017 

Keywords: Legal system – council of the judiciary 

Publication of defamatory statements on Social network by a judge –application of disciplinary sanction by the Council of the judiciary  

When does the publication of defamatory statements by a judge can be qualified as a minor offence?

n.a. 

1. Indicate if the national court/applicant asked the CJEU/ECtHR for interim relief and a short summary of the reasons put forward
2. Indicate if the CJEU/ECtHR granted the interim relief

Legislative Decree no. 109/2006, art 3 bis and 4 

The applicant is a judge who published on facebook a statement allegedly defamatory against the Major of Rome. He was subject to disciplinary proceedings by the Council of the judiciary for defamation. 

The disciplinary proceeding resulted the qualification of the statements as defamatory, but given the isolated episode in the context of a positive professional profile, considered that the conditions for the application of the exemption provided for in Legislative Decree 109/2006, art. 3 bis were met: the offence could not be sanctioned because it was of minor importance. The prosecutor appeal against the decision before the Supreme court.

The Supreme court overturn the decision of the disciplinary section. It clarified that in case of defamation the use of words and expressions that can be socially interpreted as offensive is crucial; and Article. 4(1)(d) leg. Decree 109/2003 addresses the reputation of judges, with the result that it is irrelevant that the addressee of the defamatory statements words may not have perceived them in that sense.

In other words, what counts is the seriousness of the offence from an objective point of view, regardless the attitude of the victim. This is a very important aspect that highlights even more how the unwitting use of social networks by a judge can not go unpunished, because the defamatory content published damage the reputation of the magistracy as an institution.

n.a. 

n.a. 

Federica Casarosa, CJC