Decision of the Court of Cassation, V Criminal Section, No. 12203 of 11 December 2013, filed on 13 March 2014

The Court of cassation annulled the sentence of a six-months term of imprisonment imposed upon two journalists by the Court of appeal of Brescia for the offense of libel. Respect for freedom of expression in accordance with Article 10 of the ECHR and Article 21 of the Italian Constitution does not allow to apply detention penalty for this offence, except under exceptional circumstances. This concept has been affirmed by the European Court of Human Rights in the case Belpietro v. Italy. It derives from the need for safeguarding the fundamental role played by journalists in disseminating information on issues of general interest and in ensuring that the right of the public to receive information is respected.