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Trib.Torino 5.12.2025, est. Sburlati, ASGI (avv. Lavanna, Brambilla, Guariso) c. V.F. (avv. te Ramella e Nannini), con l’intervento di ARCI aps (Avv. Cordaro), Lunaria aps (avv. Polimanti), Cambio Passo onlus e La Casa del mondo aps (avv.ti Brambilla, L
| | | |Discriminatory harassment – offensive and threatening expressions against foreigners and Muslims uttered during a radio broadcast – Art. 2(3) of Legislative Decree No. 215/2003 – existence of discrimination – allegedly satirical nature of the broadcast – irrelevance – consequences – order to pay compensation for non-pecuniary damage in favor of the association with standing – quantification – order to publish the judgment in a national newspaper.
Under Art. 2(3) of Legislative Decree No. 215/2003, the conduct of a person who, during a radio broadcast, utters insulting and threatening statements against foreigners and Muslims constitutes discriminatory harassment on grounds of ethnicity, nationality, and religion, all the more so where the person concerned holds a position of public prominence (a well-known journalist and regional councillor). The allegedly satirical tone of the broadcast is irrelevant, since satire remains subject to the limits of restraint and it must in any event be excluded that expressions which attack vulnerable groups—targets of discrimination, racism, or sexism—can qualify as satire, where they provoke not irony but merely ridicule or contempt. Upon a finding of discriminatory harassment, compensation for damage follows (in this case, €20,000), to be awarded in favor of the association that brought the action, together with an order to publish the judgment in the national newspaper Corriere della Sera.