Reporting a homicide is permitted; what the Law restricts is how it is done. Article 20 of Law No. 5187 names homicide alongside sexual assault and suicide: those who publish writing and images which exceed the limits of reporting and are capable of encouraging readers to such acts are punished.
The four areas the Law closes
| Area | Why | Basis |
|---|---|---|
| Encouraging detail and presentation | A narrative that makes the act attractive or imitable | Law No. 5187, Art. 20 |
| Language and images declaring guilt | Breach of the presumption of innocence | Criminal Code, Art. 285/5 |
| The identity of protected persons | Offenders and victims under eighteen; victims of sexual offences | Law No. 5187, Art. 21 |
| Confidential content of the investigation file | Public breach of the confidentiality of an investigation | Criminal Code, Art. 285/1 |
Details that should not be given
- A step-by-step account of the method. The instrument used, how it was applied and techniques for avoiding traces come closest to the test of being capable of encouraging.
- Images of the body and frames containing blood. Beyond the affront to human dignity, these squarely meet the test of exceeding the limits of reporting.
- Moments of grief of the victim’s relatives. This gives rise to an infringement of personality rights (Civil Code, Art. 24).
- Praising or justifying the offender. This can raise an argument under Article 215 of the Criminal Code on praising an offence and an offender.
- Confidential documents from the investigation. The autopsy report, statements, the record of the site inspection.
- Descriptions asserting certainty. “Killer” or “monster” should give way to “suspect” or “defendant”.
The investigation confidentiality test
Article 285/1 of the Criminal Code punishes publicly breaching the confidentiality of an investigation with one to three years’ imprisonment or a judicial fine. For the offence to be made out one of two alternative conditions must be met: the disclosure of the content of an act carried out during the investigation must infringe the right to benefit from the presumption of innocence, or the confidentiality of communications or of private life; or the disclosure must be capable of preventing the emergence of the material truth.
Article 285/6 restores the balance: “Making the investigation and prosecution proceedings the subject of news without exceeding the limits of reporting shall not constitute an offence.”
What can be reported
- The province or district in which the incident occurred, where that does not identify the victim
- The nature of the incident and its general course
- Statements made publicly by the authorities
- That steps such as apprehension, custody or arrest have taken place
- The stage of the proceedings and hearing dates
- The social context, statistics and expert assessment
Femicide and domestic incidents
In domestic cases the risk of indirect identification is high. Where the offender’s name, the degree of kinship and the place of residence are given together, the victim or the children in the story become identifiable, which can bring Article 21 of Law No. 5187 into play. Narratives that justify the act — “after an argument”, “a matter of honour” — also raise a question under the encouragement test in Article 20.
Sanctions
A breach of Article 20 attracts a judicial fine; because the amounts in the Law are in pre-2005 lira, the conversion rule in Article 5 of Law No. 5252 applies. On the damages side, under Article 13 of Law No. 5187 the author of the work together with the owner of the publication and their representative, if any, are jointly and severally liable.
Suicide reporting is covered in the suicide guide and the language of innocence in the arrest guide.