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COMPUTER CRIMES

Court of Cassazione: defamation via email, when the crime is effectively committed.

The requirement of communication with more than one person cannot be presumed on the basis of the inclusion of the offending content in the network, but at the very least proof of their actual delivery is required, whether it is the consequence of an automatic operation set up by the recipient or dedicated access to the server. In other words, proof that the message has been "downloaded" (i.e., transferred to the address user's device) is sufficient, while actual reading can be presumed, unless proven otherwise. This is how the Criminal Supreme Court ruled in Judgment No. 12511/2023.

 
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