Italy

Italian flag blowing in wind over rooftops.

Overview

Freedom of expression in Italy is protected by national laws. Italy is also a party to international and regional human rights treaties that uphold freedom of expression. However, implementation remains ineffective, and pervasive challenges undermine individuals’ ability to fully exercise this fundamental right.

Journalists are often a target of threats which fosters a climate of fear and stigma that suppresses open debate. Political pressures and restrictive outdated laws – especially those related to defamation – along with inadequate protections for journalistic sources and whistleblowers contribute to a chilling effect on free speech.

These factors create an environment where individuals may feel discouraged from expressing their views freely and openly.

Media landscape and safety of journalists

Italy’s media landscape faces several challenges that undermine its freedom and independence of media outlets as well as media pluralism.

One of the most pressing concerns is the safety of journalists, who are frequently targeted by criminal organisations, political forces and business owners. Italy ranks among the European countries with the highest number of journalists under police protection, often due to their investigative work exposing corruption or activities of organised crime groups and associations. 

Pressures against independent journalists are not new and are widely accepted within the profession as ‘part of the job.’ SLAPPs (Strategic Lawsuits Against Public Participation), the modern term for the notorious ‘querele bavaglio,’ are commonly used by politicians and business owners to stifle critical reporting and intimidate journalists.

Governments of all stripes have shown little political will to address this problem as well as a lack of awareness over the impact on the free flow of information in Italy. Most notably, high-ranking political figures are often the initiators of abusive litigation.

Defamation laws are frequently exploited to initiate SLAPP cases, and although lengthy proceedings last for years if not decades, the latest proposal known as the ’Balboni Bills not comprehensive enough to draw the needed reform of criminal and civil defamation laws and is incompatible with international and European standards on freedom of expression.

Defamation remains criminal offence, which can still lead to imprisonment. 

Media ownership and political influence

Media freedom is further compromised by the concentration of media ownership in the hands of a few powerful individuals or corporations.

This political and corporate control over media outlets stifles the diversity of perspectives in news coverage, undermines media credibility, and erodes public trust.

The intertwining of media and politics severely limits critical voices, contributing to a biased and controlled media environment. 

Marginalisation of groups and their freedom of expression 

Stigmatisation of dissenting voices extends to vulnerable and historically discriminated groups, including women, LGBTQI+, migrants and religious minorities.

Since the COVID-19 pandemic, Italy has witnessed a surge of ad-hoc law-decrees that had the effect of restricting freedom of association and protest and curtailing people’s fundamental rights.  

In 2021, a legislative proposal to reform the Penal Code to guarantee the protection of QI+ people had been rejected by the Senate.

ARTICLE 19 has been closely monitoring the legal landscape in Italy by analysing relevant domestic laws, examining their compliance with international standards and identifying key areas where reforms are urgently needed to better safeguard human rights. A major concern is the exploitation of defamation laws, both civil and criminal, and the growing problem of legal harassment, especially in the form of SLAPPs brought against journalists.  

Italy is experiencing a troubling surge in the intimidation of journalists, with politicians and prominent public figures increasingly using aggressive legal tactics to stifle criticism. This trend has escalated on an unprecedented scale under Prime Minister Giorgia Meloni’s government, with government officials and majority leaders increasingly resorting to legal intimidation to silence their opponents. The 2024 study of the EU Parliament identified Italy as the country with the highest number of SLAPP cases in the EU. However, the lack of thorough monitoring and reliable public data on SLAPPs hinders an accurate assessment of the true scale of the problem. The growing use of SLAPPs and prolonged legal battles often condemned by both the UN and the European Court of Human Rights along with exorbitant compensation demands, pose a serious threat to media freedom and freedom of expression in Italy. 

ARTICLE 19 consistently calls on public officials to refrain from targeting journalists and activists using malicious legal actions. We also urge the authorities to adopt a robust anti-SLAPP legislation in line with the EU Directive and the Council of Europe Recommendation.  

Defamation reform

In Italy, the prevalence of vexatious lawsuits is largely driven by the exploitation of both civil and criminal defamation laws. The reform of defamation legislation is long overdue and remains a crucial concern. ARTICLE 19 has previously assessed that the ‘Balboni Bill’ presented by the ruling coalition as a solution to reform defamation provisions, is not comprehensive enough as it fails to decriminalise defamation and disproportionately increases fines against journalists as well as adding new and additional criminal penalties, contravening international and European freedom of expression standards. 

Although in 2021 the Italian Constitutional Court declared prison sentences for defamation through the press unconstitutional – except for cases of exceptional gravity – politicians continue to exploit these provisions and initiate legal proceedings against journalists over critical coverage or commentary. Some of the most notable cases include repeated attacks against Domani newspaper, defamation lawsuits against acclaimed writer Roberto Saviano – one brought by Prime Minister Giorgia Meloni, which resulted in a conviction, and one initiated by Minister of Infrastructure and Transport Matteo Salvini, writer and philosopher Luciano Canfor sued by Giorgia Meloni Some independent investigative media outlets are regularly targeted by Ministers and members of the government and ruling parties such as Domani newspaper, Report TV programme and investigative platform IRPI Media.  

ARTICLE 19 calls on the Italian authorities to implement a comprehensive defamation reform, prioritising the decriminalisation of defamation and revising the civil code. Journalists, writers, and anyone who speaks truth to power should not have to fear criminal penalties for their reporting.  

Italy: Improving protections for freedom of expression and information
21.12.2022 13 min read

Italy: Improving protections for freedom of expression and information

Click here to go to article
Italy: Half-baked defamation reforms will fail to protect journalists
24.05.2023 4 min read

Italy: Half-baked defamation reforms will fail to protect journalists

Click here to go to article
Italy: Access to information law should not override protection of journalistic sources
01.07.2021 10 min read

Italy: Access to information law should not override protection of journalistic sources

Click here to go to article
Italy: New anti-discrimination bill must meet international free speech standards
15.07.2021 3 min read

Italy: New anti-discrimination bill must meet international free speech standards

Click here to go to article
Italy: Rights under attack as Senate rejects anti-discrimination Bill
28.10.2021 4 min read

Italy: Rights under attack as Senate rejects anti-discrimination Bill

Click here to go to article
Italy: Support for Roberto Saviano, facing a SLAPP case filed by PM Meloni
28.06.2023 6 min read

Italy: Support for Roberto Saviano, facing a SLAPP case filed by PM Meloni

Click here to go to article

The erosion of media freedom in Italy goes beyond direct threats against journalists and takes the form of various actions that undermine media plurality and independence.  

Radiotelevisione Italiana (RAI), the Italian public service broadcaster, is under the risk of political control. While some degree of politicisation at RAI is not new, discussions with journalists confirm that pressure and self-censorship have exceptionally risen under the Giorgia Meloni government. Reflecting these concerns, the 2024 Media Pluralism Monitor places Italy among the countries where public service media independence is most threatened, with RaI’s governance and funding subject to political influence. The rules that regulate governance and funding of public media must be thoroughly reformed in line with the European Media Freedom Act (EMFA).  

Read the report
Italy: Lawsuits, threats of violence and organised crime hinder journalists
11.05.2022 5 min read

Italy: Lawsuits, threats of violence and organised crime hinder journalists

Click here to go to article
Italy: Journalists should not fear prison for their reporting
31.10.2022 5 min read

Italy: Journalists should not fear prison for their reporting

Click here to go to article
Italy: Improving protections for freedom of expression and information
21.12.2022 13 min read

Italy: Improving protections for freedom of expression and information

Click here to go to article

Safety of journalists

In recent years, attacks and intimidation against journalists in Italy have intensified. These incidents include physical aggression (including arson attacks), verbal threats, threatening letters, online harassment, and ongoing threats against investigative journalists from organised crime. About 20 journalists currently live under police protection after being targets of intimidation and attacks. 

In addition, journalists are increasingly under pressure to disclose their sources, a protection often undermined by authorities. Rather than directly requesting source identification through court orders, Italian authorities resort to various tactics during criminal investigations, including secret surveillance and searches of journalists’ homes and offices. These practices raise serious concerns about press freedom and the ability of journalists to protect the confidentiality of their sources. 

There is an urgent need for stronger measures to ensure the safety of journalists. Beyond the comprehensive actions required from the government to provide holistic protection for those facing threats, there is a critical need to address political independence and improve the effectiveness of existing state of protection mechanisms.  

Italy: ARTICLE 19 joins press freedom mission
30.03.2022 4 min read

Italy: ARTICLE 19 joins press freedom mission

Click here to go to article
Italy: Half-baked defamation reforms will fail to protect journalists
24.05.2023 4 min read

Italy: Half-baked defamation reforms will fail to protect journalists

Click here to go to article
Italy: Defamation laws must be reformed
23.06.2021 6 min read

Italy: Defamation laws must be reformed

Click here to go to article
Italy: Improving protections for freedom of expression and information
21.12.2022 13 min read

Italy: Improving protections for freedom of expression and information

Click here to go to article
Italy: Journalists should not fear prison for their reporting
31.10.2022 5 min read

Italy: Journalists should not fear prison for their reporting

Click here to go to article
Italy: Lawsuits, threats of violence and organised crime hinder journalists
11.05.2022 5 min read

Italy: Lawsuits, threats of violence and organised crime hinder journalists

Click here to go to article
Italy: MFRR condemns ‘absurd’ €10 million lawsuit against L’Espresso magazine by sacked Vatican Cardinal
02.02.2021 6 min read

Italy: MFRR condemns ‘absurd’ €10 million lawsuit against L’Espresso magazine by sacked Vatican Cardinal

Click here to go to article
Italy: Urgent appeal for defamation reform
08.10.2024 2 min read

Italy: Urgent appeal for defamation reform

Click here to go to article
Italy: Calls for constructive dialogue on media freedom recommendations
02.08.2024 4 min read

Italy: Calls for constructive dialogue on media freedom recommendations

Click here to go to article
Italy: Silencing independent media underscores democratic drift
29.07.2024 2 min read

Italy: Silencing independent media underscores democratic drift

Click here to go to article
Italy: Decline in media freedom demands EU action
25.06.2024 7 min read

Italy: Decline in media freedom demands EU action

Click here to go to article
Italy: Silencing the fourth estate and democratic drift
22.05.2024 7 min read

Italy: Silencing the fourth estate and democratic drift

Click here to go to article
Italy: Rising threats to media freedom as political pressure intensifies
08.05.2024 3 min read

Italy: Rising threats to media freedom as political pressure intensifies

Click here to go to article
Italy: Defamation reform fails to provide for protection of media freedom
25.03.2024 4 min read

Italy: Defamation reform fails to provide for protection of media freedom

Click here to go to article
Italy: Drop the investigation against Domani journalists
07.03.2024 5 min read

Italy: Drop the investigation against Domani journalists

Click here to go to article
Italy: Solidarity with Greenpeace and ReCommon, targeted by legal threats
21.12.2023 3 min read

Italy: Solidarity with Greenpeace and ReCommon, targeted by legal threats

Click here to go to article