Metamorfosi del diritto di rettifica: rilievi sull'esperienza francese

The paper deals with retraction, as a statutory remedy desig- ned for the press and television, focusing on the hypothesis of its extension to the Internet field. The comparison between the Italian experience and the recent French legislation shows con- siderable differences. While the latter essentially introduces a statutory retraction also for online communications, our system hesitates to follow the same path. As a result, the gap can be filled with a meaningful use of judicial remedies and notable incentives (compensation and sanctions) in order to comply with reparatory and corrective duties. This leads us to conclude that such a dynamic sector, as well as a balance between rights of personality and freedom of expression in the Internet arena, need a solution more flexible than a mere transposition of the “old” statutory remedy.