Italy: Defamation Lawsuit Slapped At Award-Winning Journalist Sara Manisera By Local Municipality
Manisera latest target of wealthy and powerful Italians aiming to stifle press through legal harassment
Location: Italy, Lombardy
Date: September 1, 2022
Photo Credit: FADA Collective
The Municipality of Abbiategrasso sues Sara Manisera for comments she made during an awards ceremony. She now faces a criminal defamation lawsuit. The Coalition For Women In Journalism is worriedly monitoring Italian political actors repeatedly abusing the law by filing nuisance lawsuits targeting journalists. CFWIJ supports Manisera in her legal battle and urges Abbiategrasso to withdraw its complaint.
“The lawsuit is the weapon used to silence and intimidate,” says journalist Sara Manisera. “It's not just a warning to that particular journalist who writes, talks and says certain things. It is also a warning to other journalists.”
On September 1, 2022, the Municipality of Abbiategrasso, near Milan, filed a criminal defamation lawsuit against Manisera.
She faces a fine and up to three years in prison if convicted.
“It’s not just a warning to that particular journalist who writes, talks and says certain things. It is also a warning to other journalists”
The complaint against Manisera claims she made defamatory comments about the local council while giving an acceptance speech at an awards ceremony in Cutro, in June 2022.
While delivering the speech, Manisera quoted the Municipality of Abbiategrasso, aiming to enlighten students from Cutro about the presence of mafias not only in the south of Italy but also in the north. The intention was to convey that these criminal organizations have been infiltrating the northern economy for decades.
In response to the defamation lawsuit, Manisera said her words had been “extrapolated and taken out of context.”
“Its meaning has been seriously distorted,” she explained. “As if I were referring to the current municipal administration of Abbiategrasso. In reality, I was not referring either to a specific politician or to the municipality, but generically to the territory of Abbiategrasso and its history, not immune, in the past, to the presence of mafia-type organizations.”
Prior to filing the lawsuit, Manisera notes the municipality never asked her to rectify her statement or initiate a discussion on the matter.
Local and European journalist organizations have condemned the municipality’s action and labeled it a SLAPP.
SLAPPs – or Strategic Lawsuit Against Public Participation – are typically cases brought against journalists or activists by wealthy or powerful actors who aim to curb their reporting or activism. The aim of these types of lawsuits is not just legal harassment but to embroil those sued in a lengthy legal battle, draining them financially and emotionally.
“These lawsuits have a huge impact, both on your work – because they intimidate, stop, and discourage you – but also on mental health because they are a constant concern,” says Manisera.
“These lawsuits have a huge impact, both on your work – because they intimidate, stop, and discourage you – but also on mental health because they are a constant concern”
As a freelance journalist, Manisera is even more vulnerable to the impacts of these lawsuits without the backing of a publisher and a legal team.
However, thanks to condemnation of the lawsuit in the media, the non-profit Ossigeno per l'Informazione has provided her free legal aid to fight the case.
Sara Manisera is a freelance journalist and member of the Fada Collective, a group of journalists, photographers, and authors. She reports on gender issues, minorities, agriculture, the environment, and civil society. Her work has been featured in Al Jazeera, Liberation, and The Nation.
Criminal Defamation and Culture of SLAPPs in Italy
The Italian criminal code has provisions that could land individuals behind bars for up to three years if they engage in defamatory acts through the press. Despite a Constitutional Court ruling in 2020 urging the government to scrap rules allowing journalists to be imprisoned for defamation, the Italian parliament has failed to act.
This has prompted press freedom organizations to call for immediate reforms to safeguard journalists.
Italy's defamation laws are often exploited in SLAPP cases, with politicians, including the current Prime Minister, using the law to intimidate journalists through defamation lawsuits.
The head of the Italian Journalism Chamber has dubbed this legal abuse in the country a "democratic emergency."
In May 2023, Journalist Linda Di Benedetto was threatened with legal action by Italian MP Antonio Angelucci after her investigation into his healthcare company’s government contracts.
Journalist Federica Angeli has been sued 167 times since 2012, of which 150 she was acquitted for, or the charges were dismissed at trial.
European Fight Against Abusive Lawsuits
The use of SLAPPs has been steadily spreading across Europe, leaving journalists and activists vulnerable to legal harassment. To combat this alarming trend, the European Commission, in consultation with anti-SLAPP collective CASE, has crafted a directive to tackle abusive lawsuits targeting those at the forefront of public discourse.
Dubbed "Daphne's Law" in honor of the murdered Maltese journalist Daphne Caruana Galizia, - who was subject to a barrage of lawsuits for her investigative work - this directive sets out to curb the proliferation of transnational SLAPP cases within the European Union.
Currently undergoing the approval process, the directive promises to equip courts with the necessary tools to dismiss frivolous cross-border lawsuits promptly.
The Coalition For Women In Journalism supports Sara Manisera in her legal battle with the Municipality of Abbiategrasso. It is absurd that the journalist faces criminal charges for vague remarks she said in a speech. Italy's Political actors frequently abuse the law to silence and intimidate journalists. This must stop. Reforms of defamation laws in the country are urgently needed. We believe the local council has no grounds to sue Manisera and strongly urge the Municipality of Abbiategrasso to drop its case immediately.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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