You can't tell someone they are nobody anymore.![]()
What is this world coming to?
http://news.excite.com/odd/article/id/413984|oddlyenough|07-09-2004::
ROME (Reuters) - A driver who told a parking attendant "You are nobody!" has felt the weight of Italy's legal system, which ruled the seemingly innocuous words constituted slander -- and fined him heavily.
The tiff over a parking space led to Giulio C. being fined 300 euros ($370) plus 500 euros legal costs when a court in the northeast city of Trieste turned down his appeal.
The court ruled the phrase 'you are nobody' "means precisely 'you are a nonentity' and to state that a person is a nonentity is certainly offensive because it is damaging to the dignity of a person."
The decision led celebrated Corriere della Sera commentator Beppe Severgnini to recall in his column on Friday that this was not the first time Italian appeal courts had deliberated on the definition of slander.
Indeed, over the years a sort of "guide to legitimate offence" has been formulated and Severgnini, quoting the courts, gave a few of the more common examples.
"Ball-breaker" is not slander because although "an undoubtedly rude expression it is now in common usage."
"I'll kick your arse" also passes muster because this is a "robust reaction which should be understood in a figurative way."
Under Italian law, the crime of slander is punishable by a maximum fine of 516 euros.
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I go to Philadelphia and New York City on occassion where you may often exchange "**** You" with fellow drivers on various roadways in and out of town. Pretty soon you will find yourself in court for using said wording.
Not to mention using "**** Me" whilst in the throws of passion... court appearance will be pending no doubt. -
Originally Posted by DVD_Ripper
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I think this is obviously just an example of a cultural difference. If you'd read some of Italy's caselaw on "slander" I'm sure it would have different requirements then in other countries. From looking at those few holdings, its obvious that Italy's cause of action for "slander" is more of a combination between our (I'm in US) causes of action for slander and intentional infliction of emotion distress. Here we separate them. Slander is intended to protect your reputation...which really makes sense because one of the requirements to constitute slander is that the remark made about somebody is untrue. Well if the affected party knows its untrue then why would it offend them? Its only when that untrue remark is heard by others that it can damage their reputation, because others may believe the untrue remarks. Intentional infliction of emotion distress, on the other hand, is what we use when someone's derogatory remarks and/or actions offend someone to the point of causing emotional disturbances, whether anyone else hears them or not.
Italy seems to have some weird derivation of the two, where the goal is to protect people's dignity, but they throw in the totally semantic requirement that the statement be technically untrue. That leads to the holding that "You are a nonentity" is actionable because it was said in anger, even though obviously no one would believe the statement, yet "**** you" is not actionable because its a command rather than a statement of fact, even though its 100 times more offensive to the individual. It sounds like a ridiculous legal concept to me, but then again I'm not Italian. I'm sure some of our (US) laws are hard to stomach by Italians too. -
Funny how Europeans like to laugh at our silly American lawsuits. Looks like they have them too!
"Terminated!" :firing: -
When you're an American and Pissed in Italy, flick your chin twice at the opposing party then flip them the bird, and do it in stereo (that means use both hands twit). :P If they don't stand down, just tell them you raped their sister and mother.
There are going to be a lot less Italian immigrants in the years to come after that statement. -
Originally Posted by DVD_Ripper
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Not watching what ones say can cost Big Euros either/or Oreo Cookies.
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These could probably be used without problem as they insinuate a question or demand, but do not degrade the other person as to create humiliation. 'suck my d**k', 'kiss my a**', 'lick my left nut with a smile', and others similar relate to the person stating them so they are not degrading to the person to which the potential offense may be directed.
Whereas, 'you a**hole', 'go suck someone's d**k with a smile', 'get bent', go f**k yourself, and other such indicate slander towards a specific individual as there is direct relation to that person. So if I were to tell someone to "eat s**t, you cum sucking bastard of a motherless hamster used for gay fetishes", that could be quite construed as slander directly related to a person. What could have been said is "I get F**king pissed at bastard s**t & cum eaters who rectal race." But you cannot state, "like you" as that redirects it as slander.
I hope this little lesson gives better light as to how to properly be an a**hole in public while not getting into f**king trouble with a**wipe legal mumbo-jumbo because a pr**k can't take a simple hint.