According to the three members of the Venice Commission, which analyzed the criminal law on defamat

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The Venice Commission - the body of the Council of Europe, which assists states in strengthening democratic institutions - has rejected the Italian rules on libel because it is in line with European standards on freedom modern kitchens of expression.
According to the three members of the Venice Commission, which analyzed the criminal law on defamation modern kitchens of Italy - Englishman Richard Clayton, Austrian Christoph Grabenwater and jurist Icelandic Herdis Thorgeirsdóttir - Italian law does not fully comply with the provisions of the European Convention Human Rights concerning freedom of expression.
Referring to the judgment delivered by the European Court of Human Rights about two Italian cases of defamation - Sallust case and case Belpietro vs Italy - the three members of the Commission have confirmed the non-proportionality of the sanctions imposed (arrest and imprisonment) in relation to the crime of libel.
The penalties provided for by the Italian criminal law - the Commission points out - are likely to have a "chilling effect", undermining freedom modern kitchens of expression under Article 10 of the Convention. And Italy should adapt their national legislation to European standards.
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