Sunday, March 13, 2011

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Defamation via web: the IP address is compelling evidence

Supreme Court, Judgement n.8824/2011
who connects to the Internet via your home PC and take part in a political forum on the web railing and defaming a person and his family has defamation and the numerical code IP is bound by the operator of the phone line they have overwhelming evidence, plus the nickname used . The Supreme Court has established criminal liability for defamation against a person working on a web forum identified by the IP number of your computer. In the opinion
the technical assessment has highlighted that:
a) the identification number on the global Internet is assigned exclusively to a specific computer connected;
b) another person network, to achieve the interference change - as advanced by the defense argument - that is, from IP to connect to third stealing the identity, needs to know details of when and how detailed the connection in which intrude;
c) you are wrong should have made a complex and difficult series of actions designed to eliminate traces of the irregular invasive procedure.
can not realistically achieve all these circumstances. The man therefore, confirms the Supreme Court, be liable for defamation without that there is room for other scapegoats. not even work the extenuating circumstance of the right of criticism policy since the offensive expressions consist not in a reasoned dissent, expressed as a measured and necessary, but in a personal attack on anti-intellectual and moral dignity of the adversary and be heard. The Supreme Court reiterates that it is not necessary intention to injure another's reputation, but rather the willingness to use words depleting agent of the legal, with the knowledge to offend the dignity of the recipient of expressions.
(LaStampa)

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