Public Employees' Freedom of Expression and Social Media Activity

1. The facts

   The issue stems from the growing conflict between employees and public administrations regarding the use of social networks, as highlighted by recent judicial rulings. According to Il Sole 24 Ore, Norme e Tributi, the Court of Cassation, in a final judgment, ruled on an appeal by a public employee sanctioned with suspension from service after posting offensive comments about his superiors on Facebook. The employee claimed to have acted in the exercise of his right to criticize, but the court affirmed the lawfulness of the sanction.

   Simultaneously, the publication Orizzonte Scuola documented several disciplinary proceedings against teachers for criticism expressed in Facebook groups, including closed ones. In these cases, school administrations alleged damage to the institution's prestige and a violation of confidentiality duties. While many of these cases are currently pending on the merits, the high court's orientation appears firmly established toward greater severity regarding online statements that harm the image of the employing entity.

2. The laws at play

   The pillar of this matter is Art. 21 of the Constitution, which guarantees freedom of thought, but this must be balanced with Art. 97 and Art. 98, which require public employees to act with impartiality and in the exclusive service of the Nation. The most specific rule today is Art. 11-ter of D.P.R. 62/2013, introduced by the 2023 reform. This provision obliges employees to use social media with caution, avoiding content that could harm the administration's image or that could be attributed to it without authorization.

   On the sanctioning level, Legislative Decree 165/2001 (Consolidated Act on Public Employment) in Art. 54 and following governs disciplinary proceedings. The consequences range from conservative sanctions, such as suspension, to dismissal for cause, provided for when the employee's conduct causes a final breach of the fiduciary bond or very serious damage to the entity's image, constituting a violation of the duty of loyalty.

3. What jurisprudence says

   Case law has clarified that social networks cannot be considered private spaces, as the nature of the platform allows for a potentially unlimited dissemination of content. Even messages in so-called closed groups are considered public for the purposes of disciplinary liability. The key principle established by the courts is that an employee's right to criticize is lawful only if it respects the limit of formal restraint, meaning the use of measured and non-insulting language.

   Furthermore, case law has specified that there must be truth of the facts narrated and relevance to a public interest. It is not enough for the employee to express a personal opinion: if that opinion translates into a gratuitous attack on the reputation of superiors or the entity, the protection of the Public Administration's image prevails. The duty of loyalty of a public employee is considered more rigorous than that in the private sector, precisely because of the institutional function held.

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8. Lessons for professionals

   1. Preventive training is the only true defense: entities must adopt clear social media policies illustrating disciplinary risks to employees.
   2. The burden of proof in the disciplinary phase requires the crystallization of the post through authenticated screenshots or forensic reports to avoid disputes over data integrity.
   3. The assessment of formal restraint must be objective: the lawyer must analyze whether the term used is an insult or a harsh but legitimate criticism according to common parlance.

References: Costituzione Italiana - Art. 21, 97, 98D.P.R. 62/2013 - Codice di Comportamento dei Dipendenti PubbliciD.P.R. 81/2023 - Regolamento recante modifiche al Codice di ComportamentoD.Lgs. 165/2001 - Testo Unico sul Pubblico Impiego

Editorial oversight: Avv. Federico Papa·ICAMUpdated 23 August 2026Content drafted with AI support and subject to editorial source checks. Despite these controls, inaccuracies may remain: reports and rectification requests are welcome. Report a correction