The offence is known publicly as the “disinformation offence”; its statutory counterpart is Article 217/A of Criminal Code No. 5237. It was added by Article 29 of Law No. 7418 of 13 October 2022.
The penalties
| Case | Penalty | Basis |
|---|---|---|
| Basic offence | One to three years’ imprisonment | Art. 217/A(1) |
| Offender conceals their true identity | The sentence is increased by one half | Art. 217/A(2) |
| Offender acts within the framework of the activity of an organisation | The sentence is increased by one half | Art. 217/A(2) |
The two aggravated forms in Article 217/A(2) target those who disseminate while concealing their identity and organised activity. A journalist publishing under their own name does not typically fall within the identity-concealment limb.
The four elements required for the offence
Before considering the penalty it is necessary to see when the offence arises. The article requires four elements together:
- Motive: “solely with the motive of creating anxiety, fear or panic among the public”
- Subject matter: “concerning the country’s internal and external security, public order and general health”
- Falsity: “information contrary to the truth”
- Aptness and publicity: “publicly disseminates in a manner apt to disturb public peace”
Commission through the press
Article 218 lays down a common rule for the offences in that chapter: “Where the offences defined in the preceding articles are committed through the press and media, the sentence to be imposed shall be increased by up to one half.” But its second sentence contains a guarantee decisive for journalism: “However, expressions of opinion that do not exceed the limits of reporting and are made for the purpose of criticism shall not constitute an offence.”
Can it be converted into a judicial fine?
Article 217/A provides only for imprisonment; there is no alternative judicial fine. Whether a sentence of imprisonment may be converted into a judicial fine, or whether the announcement of the verdict may be deferred or the sentence suspended, is assessed under the general provisions of the Criminal Code and the Criminal Procedure Code and depends on the circumstances of the case.
Relationship with other offences
| Situation | Applicable provision | Penalty |
|---|---|---|
| An untrue story attributing a concrete act or fact to a person | Criminal Code, Art. 125 (insult) | 3 months to 2 years’ imprisonment or a judicial fine; increased by 1/6 if public |
| False information on public security or health spread with a motive of panic | Criminal Code, Art. 217/A | 1–3 years’ imprisonment |
| Publicly inciting the commission of an offence | Criminal Code, Art. 214 | 6 months to 5 years’ imprisonment |
| Commission through the press and media | Criminal Code, Art. 218 | The sentence is increased by up to one half |
The filing deadline
For offences committed through the press the deadline differs from the general rules and is short. Under Article 26 of Law No. 5187 criminal cases must be brought, as a condition of prosecution, within:
| Type of publication | Deadline | Runs from |
|---|---|---|
| Daily periodicals and online news sites | 4 months | For online news sites, the date of the criminal complaint concerning the report |
| Other printed works | 6 months | The date the printed work was delivered to the public prosecutor’s office |
The same article provides that those periods may not exceed the periods laid down in the article of the Criminal Code on limitation of prosecution, and that where bringing a public prosecution depends on obtaining permission or a decision, the period is suspended by the application and the suspension may not exceed four months.
The scope of the offence is covered in the fake news guide and the duty to verify in the verification guide.