Defamation. Italian journalist Pesante acquitted after 9 years recounts its story

Questo articolo è disponibile anche in: Italian

OSSIGENO 9 July 2026 – Ossigeno’s Free Legal Advice Service, which operates in Italy in collaboration with the British organisation Media Defence, has awarded Italian journalist Francesco Pesante from Foggia a financial grant to help cover the legal costs of proceedings in which he has been accused of defamation in the press  (read Ossigeno). Francesco Pesante recounts his story in this piece written for Ossigeno.

My name is Francesco Pesante. I am a journalist and editor-in-chief of the Foggia-based online publication *L’Immediato*.

I would like to share with “Ossigeno per l’Informazione” the outcome of a legal case which, for me, represents a significant recognition of the right to report the news and of the work I have carried out over the years. It is perhaps the most significant case of all these years because it reached the Court of Appeal.

On 29 May 2026, the Court of Appeal in Bari completely overturned the first-instance judgement that had convicted me of defamation in relation to an article published in 2017, acquitting me outright ‘because the offence does not exist’ and also revoking all civil rulings.

The case stemmed from an article in which I had reported on a judicial investigation concerning alleged threats reported by the then mayor of Mattinata (a municipality subsequently dissolved by Italian Government due to mafia involvement in 2018) against an officer of the State Police. My work was limited to reconstructing facts of public interest on the basis of the judicial documents available at the time, faithfully reporting the allegations made by the investigators and the developments in the investigation.

Despite this, I had been convicted at first instance. I chose to appeal that decision because I was convinced that I had correctly exercised my right to report the news, in accordance with the ethical standards of the journalistic profession.

For me, the Court of Appeal’s decision represents much more than a favourable outcome to a trial. It confirms that reporting documented facts, based on court records and of clear public interest, cannot result in criminal liability for the journalist.

For years I have been reporting on organised crime and mafia infiltration in the province of Foggia, one of the most complex areas in the country. This work has, over time, exposed me to numerous lawsuits and legal proceedings, with inevitable financial and personal costs that have a particular impact on an independent provincial newspaper such as the one I run.

This is why I consider the work carried out by Ossigeno per l’Informazione to be fundamental; it continues to give a voice to journalists involved in legal proceedings linked to the exercise of their profession and to monitor forms of pressure that may restrict press freedom.

This acquittal reinforces my conviction that journalism must be able to continue fulfilling its role as a democratic watchdog, especially in challenging areas such as the Capitanata, where reporting on organised crime and the links between the Mafia, politics and institutions requires rigour, responsibility and, often, a willingness to face lengthy legal proceedings.

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