Court of Turin, No. 3428/2026, 19 July 2026
Thematic areas
Areas
Country
Abstract
The Court of Turin found discriminatory and harassing the character of certain statements published by a famous public figure on his Facebook profile referring, in generalised terms, to Muslim, North African and foreign persons. The court held that the statements exceeded the limits of political and religious criticism because they associated ethnic, national or religious affiliation with a condition of inferiority and a generalised propensity to commit crimes. Applying the rules on discrimination, the court ordered the removal of the posts, awarded EUR 20,000 for non-pecuniary damage and ordered publication of the operative part in Corriere della Sera and on the defendant’s Facebook page for sixty days.
Normative references
Art. 28 of Legislative Decree No. 150/2011
Art. 1226 of the Italian Civil Code
Ruling
1. Conduct consisting in disseminating statements which attribute to members of a particular ethnic group, nationality or religion, precisely as such, a greater inclination to commit offences or a condition of inferiority constitutes discriminatory harassment where the statements are capable of undermining the dignity of the persons concerned and creating an openly hostile, degrading or offensive environment towards them.
2. Although freedom of expression also protects critical, provocative or unwelcome opinions, it does not protect statements which go beyond political or religious criticism by generalising negative characteristics concerning an entire category of persons and establishing a connection between ethnic, national or religious affiliation and criminal conduct.
3. The publication of discriminatory content on a Facebook profile with significant visibility, followed by its dissemination by press organisations and other social-media channels, increases the reach and injurious capacity of the conduct and may justify, in addition to compensation, the removal of the content and specific measures publicising the decision.
