Satire and law
Satire helps see the world from a different angle and be aware of social problems. It is enough to recall the works of A.N. Ostrovsky and M.E. Saltykov-Shchedrin, the monologues of Arkadiy Raykin and Gennady Khazanov.
In the modern world, satire is, among other things, a manifestation of freedom of thought and speech.
But should a satirical work truthfully reflect the reality? What if it encroaches on the honor and the dignity of person?
These issues were the focus of the courts’ attention in various countries.
For example, the Italian Supreme Court concluded that “there is a profound difference between scientific or documentary work and a work of art”. In the first case, the author’s goal is to show the facts to the public. A work of art, on the contrary, has a much more creative character. The author demonstrates the facts in a certain light and use them in order to express certain values (decision of May 7, 2009, Case No. 10495). In this regard, satire, by its nature, is a deviation from the factual truth.
The satirical depiction of a person is always paradoxical. It is very different from a real person. It is obvious that the subject of criticism is not a person, but a social, political or cultural phenomenon declared in a person (decision of September 30, 2011, Case No. 1740). Consequently, satire is “legitimate believability” (decision of October 27, 2010, Case No. 3676). In other words, satire demonstrates the unacceptability of certain aspects of social reality and is aimed at making them public (decision of May 7 2009, Case No. 10495).
On the other hand, the author of a satirical work is obliged to respect the dignity of a person (decision of September 20, 2011, Case No. 1740).
Having freedom in choosing figurative and expressive means, the author of satirical work is not allowed to violate the rights of other persons.
Satire is a phenomenon of art. Satire is useful. By ridiculing the vices of society, it helps fight them. At the same time, satire is not allowed to encroach on fundamental values protected by the law, including the honor and the dignity of person. Otherwise, the author risks being involved in litigations and brought to legal liability.