Italy. A landmark ruling: threats to journalists disrupt a public service

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The Foggia sentence – Lawyer Di Pietro: a step forward for the protection of journalists and for the safeguarding of press freedom

OSSIGENO, July 5^th  2025 – Anyone who attacks a journalist, preventing them from carrying out their work in documenting the facts, can be convicted of interrupting a public service. This was established by an exemplary ruling by the Court of Foggia, which applied Article 340 of the Criminal Code to sentence Filippo Trotta to one year in prison for the violent attack on journalist Nello Trocchia and cameraman Riccardo Cremona, both of whom were involved, on July 27^th  2017, in producing a television report for the state broadcaster’s RAI2 program “Nemo”.  The report focused on the murder of Omar Trotta—the attacker’s brother—committed in Vieste, a town in Puglia, the previous day.

THE TRIAL – Court documents revealed that Filippo Trotta ordered the journalist and the cameraman to stop filming, then kicked the journalist and threw him against a wall, causing injuries that would take up to 15 days to heal. His violent action forced the two media workers to leave the scene and stop filming. The Court recognized these repercussions as an interruption of a public information service.

Judge  Dr. Maria Giovanna Gallipoli, sitting alone, found all three alleged crimes to be substantiated : violence against an individual, aggravated personal injury, and interruption of a public service, recognizing the aggravating circumstance of recidivism in this case but balance by granting mitigating circumstances in an equivalent degree. She awarded damages to the civil parties: journalist Nello Trocchia and the Campania Journalists’ Union (SUGC).

The Court, with detailed reasoning, reiterated the importance of the evidence  of the injured party’s statements, which were amply supported by witnesses, video footage, medical reports, and photographic evidence.

LAWYER ANDREA DI PIETRO COMMENTS– “The Court of Foggia,” commented Attorney Andrea Di Pietro, coordinator of the Legal Aid Desk at Ossigeno, “was able to look beyond the manifestation of the single act and  to appreciate the intimidating and censorious intent inherent in that attack. This is the most profound aspect of a ruling that, whilst punishing a serious offense, also reaffirms the democratic value of investigative journalism. This ruling represents a step forward not only in protecting journalists but also – and above all – in safeguarding press freedom  as a public service of constitutional importance. The recognition of the offence under Article 340 of the Criminal Code, in relation to the interruption of an activity of journalism, consolidates a jurisprudential orientation that, from the Supreme Court, Criminal Section VI, no. 7384/2013 onwards, attributes to journalism  in place a function comparable, in nature and purpose, to that of an essential public service. As a lawyer who has been involved for years in the legal  defence of journalists attacked or sued in retaliation, I welcome the valorisation of the concept of “personal violence” as a tool for suppressing free, direct, and immediate information, that is, the journalism activity that is conducted —with known risks—on the streets, in front of places of criminal or institutional power.

Read here Ossigeno’s previous news story on the trial

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