Finding of civil liability against an author for defamation of certain individuals compatible with presumption of innocence and freedom of expression, ECtHR rules
The European Court of Human Rights (ECtHR) has issued its judgment in Marinoni v. Italy (no. 27801/12), ruling that the Italian courts acted in line with both the presumption of innocence and the freedom of expression (Article 6(2) and Article 10 of the European Convention on Human Rights, ECHR) when they found a finding of civil liability against the author of a book on account its defamatory character vis-à-vis other individuals.
The dispute concerns a book written by the applicant, Nazareno Marinoni, and the Italian court’s assessment that part of its content was defamatory. The book narrates the applicant’s recollections of his childhood and the events of the weeks leading up to the fall of the Italian Social Republic (RSI), t