1. On the subject of libel, the extenuating circumstance of the putative right to report only when it is conceivable, although not objectively true the facts reported, the reporter has fulfilled the obligation to examine, check and verify that the object of his narrative, the order to win any doubt, the expectation is not sufficient, though in good faith, on the source. Criminal Cassation, sez. V, March 11, 2005, No 15643
2. On the issue of defamation, what distinguishes critical dall'insulto is not less offensive capability, but lack of generosity of negative evaluation, ie the fact that the review is unfavorable, in some way "justified" by an argument. Criminal Cassation, sez. V, 4 March 2005, no 15001
3. The journalist is not liable for having published an interview with defamatory content, when correctly indicated that the opinions of others are reported, and did not show - even surreptitiously - to join them. Criminal Cassation, sez. V, December 16, 2004, No 4009
4. On the issue of defamation, the right of criticism, which constitutes exonerating pursuant to art. 51 cp, although it should always refer to a specific event, be it artistic, social and political, historical, cultural, literary, religious, is, by its very natura, nella rappresentazione, per l'appunto critica, di quello stesso fatto e, dunque, nella sua elaborazione. Ne consegue che il giudizio che la sostanzia non può essere rigorosamente obiettivo e imparziale, in quanto esso rappresenta ineludibile espressione del retroterra culturale e formativo di chi lo formula e, nel caso della critica politica, anche delle sue opzioni ideologiche. Cassazione penale, sez. V, 16 novembre 2004, n. 6419
5. In tema di diffamazione a mezzo stampa, il controllo che il direttore responsabile è tenuto ad esercitare si esplica, non solo prima della "composizione del pezzo", ma anche (e anzi in maniera più puntuale e rigorosa) dopo di essa e prima che lo scritto pervenga al pubblico dei lettori. Criminal Cassation, sez. V, 5 November 2004, No 46311
6. On the subject of libel, the offense must be inferred from the reputation of the whole context of the exhibition-communication, which includes titles, subtitles, pictures and any other facts that accompany the writing. Criminal Cassation, sez. V, 5 November 2004, No 46311
7. In the case of objectively defamatory content interview, the interviewer and the editor of the newspaper is not liable for the crime of defamation, for the putative existence of exonerating the truth, if the authority of the person interviewed, evaluated, one with all the circumstances of case, leaving reasonably assume the veracity of statements made by the interviewee. Criminal Cassation, sez. V, 9 July 2004, No 37435
8. The line is considered to exist exonerating the right to report against a journalist who has published, in quotes, and with clear indication of their source, objectively defamatory statements contained in a complaint filed against a judge, when, for the degree of relevance in terms of the public, recognize the fact itself of the display of that complaint, could reasonably be expected (with appreciation of the fact not in the questionable legality), that the aforesaid publication shall be construed only to fulfill duty to inform Making the intent and not defamatory Criminal Cassation, sez. V, March 15, 1999, No 5192
9. In the case of libel the moral, is not economic in nature but are a psychic disturbance, is not susceptible to a purely arithmetic evaluation commensurate with the result that its cash must necessarily bear a subjective appreciation. The determination of the amount as an provisionally, although the extent of damage for which it is considered already reached the test is given to the trial court in that regard has no obligation to state reasons expressed Criminal Cassation, sez. V, January 29, 1997, No 2113
10. The financial compensation provided for in Article. 12 LN 47 of 1948 for the crime of libel - in which the financial loss and moral reparation can not run out, even in light of the interpretation of more lata. Cp 185, the protection of all possible civil interests of the victim - is a fine of civil nature and therefore can be claimed even before the civil courts, which is not precluded from establishing, albeit indirectly, if an unlawful act, source of civil liability in mind the elements of the offense under Article. 595 cpCassazione criminal sect. V, April 23, 1991
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