In other words, the use of a computer or telematic tool makes the offense more serious, but not when this occurs in a video chat with the offended party, even if other people are present.<\/p>\n
The Supreme Court reiterated in this regard that "It has, in fact, been ascertained that the offensive expressions were uttered by the defendant via electronic communication directed to the offended party, and also in the presence of other people 'invited' into the voice chat.<\/span><\/p>\n That said, it should be remembered that the distinguishing element between insult and defamation is constituted by the fact that in insult the communication, by whatever means it is carried out, is directed at the offended party, while in defamation the offended party remains extraneous to the offensive communication exchanged with several people and is not put in a position to interact with the offender.<\/p>\n Cassation: Insulting is not a crime.<\/p>\n It follows that the act, as established by the contested ruling, must be classified as an aggravated assault by the presence of multiple persons, pursuant to Article 594, subsection (1), of the Criminal Code, which, pursuant to Article 1, paragraph 1, letter C), of Legislative Decree No. 7 of January 15, 2016, has been decriminalized; the contested ruling must therefore be annulled without referral, because the act, thus reclassified, is no longer considered a crime by law.\u201c<\/p>\n \u00a0<\/p>\n\n\n\n Supreme Court: Insulting on video chat is not a crime.<\/p>","protected":false},"author":2,"featured_media":16388,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[990,837,1639,1641,1643,1640,1645,678,110,1642],"class_list":["post-16387","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news-avvocato-penale","tag-cassazione-sui-reati-informatici","tag-cassazione-sulla-diffamazione-on-line","tag-diffamazione-a-mezzo-web","tag-diffamazione-in-videochat","tag-diffamazione-su-internet-come-fare","tag-diffamazione-telematica","tag-offesa-su-internet-rimovere","tag-studio-legale-reati-informatici","tag-studio-legale-rimozione-contenuti-diffamatori-su-internet","tag-videochat-offesa"],"yoast_head":"\n![\"\"](\"https:\/\/www.lidis.it\/wp-content\/uploads\/2020\/04\/chat.jpg\")
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