How to defend oneself from a defamation lawsuit: advice from experts!

In this brief post, we want to provide some indications on how to defend oneself from a defamation lawsuit, summarizing practical advice gained from daily experience. What follows, in some ways, may seem obvious, but it often happens that, seized by fear of being summoned by the Carabinieri or other public officials to be heard about facts that have been the subject of a complaint by a third party, or worse, receiving a notice of preliminary investigation conclusions (Art. 415 bis c.p.p.) for the crime of defamation, not implementing what follows could prejudice the outcome of the trial and result in not being acquitted.

Recall the events and reconstruct them.

As a first step, remaining calm, try to recall the events that may have led to the complaint by the person who felt offended by you. It is important, therefore, to gather all (any) factual circumstances, trying to remember who was present and what material (paper, information or other) can be made available to your lawyer. As you will read below, this will precisely allow (more easily) your defender to support his legal arguments and try to prove your innocence.

What evidence is required to be acquitted of the crime of defamation?

As is evident, the crime of defamation can occur in multiple situations and in different ways. Think, for example, of comments left on posts and/or photos on other people’s profiles. Or, when opinions are expressed within an email list. Someone may feel offended by criticism or a phrase that, when read out of context, may be offensive. Therefore, it is useful to retrieve all email messages.

Or, when the crime is committed in a WhatsApp group, for example, audio or video recordings, or screenshots are very important. This applies to all social media platforms. It is also important to try to identify those who witnessed (i.e. read, listened, and participated in the discussion) by directly obtaining testimony in your favor. In principle, it is important to acquire any other evidence that demonstrates that you did not commit the crime you are accused of and that there was no intention to offend the honor and dignity of the plaintiff.

Be assisted by professionals in the field.

It may seem trivial, but it is important to consult a lawyer who specializes in the subject. The role of the lawyer is particularly important, as they will help you understand any legal options. It is also important to develop an adequate defense strategy.

Do not speak to the plaintiff!

We know this because we have seen it so many times, but it is absolutely important not to speak to the plaintiff or anyone else involved in the complaint.

The desire to clarify face to face is very strong, especially in shared work environments, but it is not legally useful. It is equally important to avoid making comments or posting messages online that could be used against you. The plaintiff is waiting for this. An uncontrolled reaction towards them on your part will give them more material (which can certainly be manipulated by their defense) in order to represent to the judge that you are aggressive and dangerous.

Do not destroy any evidence that could help defend against a defamation claim.

Under no circumstances should you destroy any evidence (if any). Even if you think it may compromise you, it is not up to you to decide. Your trusted lawyer will decide the (legal) importance of the evidence. As mentioned earlier, even the destruction of evidence could be used against you as proof of guilt. Therefore, keep calm and do not let panic and haste take over. They are usually bad counselors.

Do not further defame.

It is important to avoid further defaming the plaintiff or anyone else involved in the complaint. This could worsen your legal situation and further compromise your defense. What was said in the previous point applies. Do not speak to anyone except your lawyer.

Prepare for the trial.

If the defamation claim goes to trial, it is important to prepare adequately. An experienced lawyer prepares their clients to face the trial, the questions that will be asked by the Public Prosecutor (P.M.) and, if constituted by the civil party. It is essential to prepare to testify in court, especially to manage your own emotions and moments of stress. This will avoid saying things that compromise the position of the defendant.

These simple rules do not guarantee a positive outcome, but they are certainly a great list of things to do on how to defend yourself against a defamation claim.