What is the risk of those who hand out leaflets without authorisation

Flyers can be a very effective promotional tool, as long as they are well designed.
Leafleting remains one of the most used advertising methods, because it allows you to reach many recipients in a relatively short time and is accessible even to those who are just starting out in their business.
We need to take care of the graphics and the message, but also be careful not to violate the relevant legal provisions.
Here's what the discipline is and what risks those who fly leaflets without authorization.
The legislation on leafleting, when it is legal Due to the extreme ease with which it is possible to make leafleting even on an amateur basis, we often risk underestimating the legal aspects of the issue.
In fact, it is necessary to know that the regulation on leafleting provides for some mandatory rules, regarding which it is necessary to distinguish between national and local regulations.
As for criminal law, reference is made to article 663 of the Criminal Code which categorically prohibits putting writings or drawings into circulation without the required authorization.
This crime has been decriminalized, so it remains only an administrative offense and violators do not receive restrictions on personal freedom, but financial penalties.
In any case, the national law provides that in order to distribute leaflets it is necessary to have authorization.
The authorization to distribute leaflets must be issued by the Municipality or Province of the place where you intend to distribute the leaflets.
In this regard, it is good to know that there is no generic discipline.
The national law, or the cited provision of the Criminal Code, in fact limits itself to imposing the need for authorization.
The specific methods and criteria are instead referred to the competent body.
As a rule, however, the following general requirements exist: The content of the flyer is lawful, therefore it is not contrary (neither in the text nor in the graphic representations) to public order, laws or morality, or common sensibility; the payment of a tax in favor of the organisation, mostly of a symbolic amount.
It is therefore essential to obtain information from the competent body on the precise methods to follow, possibly bringing with you the project of the flyer to be viewed.
read also Right to opinion and expression of thought, what does the Constitution provide? What is the risk of someone who distributes leaflets without authorization? Anyone who distributes leaflets without authorization risks a fine of between 51 and 309 euros, as established by article 663 of the Criminal Code.
To this sanction we can add the one identified by the Consolidated Law on Local Authorities, which provides for the obligation to pay the relevant Municipality or Province a sum of between 25 and 500 euros.
The final figure is evaluated, within these limits, according to the seriousness of the crime committed and the methods implemented.
Finally, there is also a risk of possible sanctions imposed by municipal and provincial regulations based on the violation committed.
Consequently, it is good to follow the rules correctly, also because the penalties can be quite significant and avoidable by paying a significantly lower amount of tax.
The jurisprudence on leafleting without authorization One might think that the rules on leafleting are not actually applied punctually by the bodies, but in reality sanctions on leafleting without authorization are very frequent.
The repression of illegal leafleting is often ineffective due to the usual way in which authorizations are rejected, so much so that the jurisprudence is full of appeals made by professionals.
The TAR's sentences have reiterated on several occasions the limits of the bodies, reminding them that they have the right to sanction illegal leafleting but that they absolutely cannot deny the request for authorization without providing valid reasons.
The Municipalities and Provinces, therefore, cannot prevent the leafleting (also causing significant economic damage to the applicants) but only sanction abusive conduct or reject illicit applications, for example in the case of content that is contrary to the law or discriminatory.
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