DI ANGELA MARIA GIORGIANA GALATO
Abstract – The work analyzes the complex balance between the right of criticism, an expression of the broader freedom of manifestation of thought, and the protection of the honor and reputation of the person criticized, with particular reference to the negative judgments addressed to the magistrates. The criticism against the judiciary also opens up to the problem of protecting institutions from offenses that may adversely affect the positive sentiment that the community has towards them. For this reason, it has often been considered that when the conduct of a magistrate is the subject of a critical judgment, the interpreter must evaluate the behaviors through a more rigorous interpretation. In this latter regard, the aim of this paper is to identify the content of the “greater rigor” which the interpreter must comply with during the work of assessing the limits to the right of criticism (truth, continence and public interest in the knowledge of the news) when a person exercising the judicial function is criticized.
Keywords – right of criticism, honor, reputation, negative judgments, judical function