Italy

This chapter outlines the legal framework—both supranational and domestic—that underpins and limits the criminalisation of hate speech within the Italian legal system. It begins by examining the constitutional, international, and European constraints before delving into the criminal legislation in force. The scope of the chapter extends beyond specific hate crimes that explicitly include hatred in the description of the offence. It also explores how ‘traditional offences’ are applied by the judiciary to address hate speech, taking into account both practical interpretations and existing gaps in the response through criminal law with particular reference to homotransphobic speech.