La revisione della normativa italiana sulla sanzione del carcere nei casi di diffamazione a mezzo stampa dopo l'ordinanza n. 132/2020 della Corte costituzionale

The Italian Constitutional Court, with its order No. 132 of 9 June 2020, decided to postpone to 22 June 2021 the discussion of the question of constitutionality of the provisions of criminal law that provide for custodial decisions in the event of offences of defamation committed through the press. The purpose of this postponement is to allow Parliament to amend Article 595, No. 3, of the Italian Criminal Code and Article 13 of the Law No. 47/1948. In taking this course, the Court applied the « Cappato model ». Instead of ruling immediately on the inconsistency of certain rules of internal law with Article 117 of the Italian Constitution in view of Article 10 of the European Convention on Human Rights, the Constitutional Court gave Parliament some time to reform internal law in order to strike an appropriate balance between the protection of the freedom of the press and that of the right to reputation under the prism of the European Convention.