Page 38 - Rassegna 2019-3

DOTTRINA

Nowadays not only journalists, writers, politicians, TV presenters express their thoughts. Indeed,
anyone capable of using the unique tools provided by social networks, through a personal computer or a
simple smartphone, has the wide world public opinion in his grasps.
The article therefore analyzes the relationship between freedom of thought and its externalizations
through social media, a topic that has become relevant for all citizens, especially for private and public wor-
kers. In particular, members of Armed Forces and Police Agencies are increasingly involved the misuse
of such communication technologies, posting unhappy comments or spreading improper messages.
The incorrect use of email providers, Twitter, Instagram, Facebook and Whatsapp in sending mes-
sages, photos, videos, video messages, may led to criminal, civil and disciplinary offenses, not being the free-
dom of thought unconditional. Indeed, the mentioned freedom encounters limits in the honor and reputa-
tion of the others, in the respect of institutions and of employers, in secrets of various kinds and in good
manners.
Thus, the article addresses the problem of the illicit or inappropriate use of social media in light
of pronunciations of disciplinary bodies and, above all, of the jurisprudence which intervened in public
work, in private sector, in the Order of journalists and, last but not least, for some particular occupational
categories which rely the most on legality and behavioral ethics: military, policemen and magistrates.
The study, in conclusion, investigates the freedom of thought from a constitutional point of view
and the limits set to it by a broad civil, criminal, administrative and working jurisprudence, as well as by
sectoral rules, ethical codes, regulations and circulars.
To this end, various cases concerning the misuse of social tools by members of the Armed Forces
and Police Agencies are then analyzed, aiming to enhance the training on such aspects in their schools, in
order to make men and women in uniform aware of the dangerousness of telematic tools and to encourage,
even in private contexts, the appropriate composure not only in real life, but also in the virtual one of the
social world.
The alternative, for many desirable, is a healthy silence.

34