In a landmark ruling that underscores the tension between artistic expression and personal dignity, Italian rapper Fabri Fibra has been ordered to pay 70,000 euros to singer Valerio Scanu for defamation stemming from a controversial lyric in his 2013 song "A me di te." The decision, confirmed by the Court of Cassation in Milan, marks a significant moment in the ongoing debate about freedom of speech in music and the responsibilities of artists.
The case dates back to when Fabri Fibra, whose real name is Fabrizio Tarducci, released his album "Guerra e Pace." The song in question contains explicit and derogatory references to Scanu, who gained fame after winning the Sanremo Music Festival in 2010 and participating in the talent show "Amici di Maria De Filippi." The lyrics included lines that many deemed offensive, particularly those that alluded to Scanu's personal identity and sexual orientation.
Among the most contentious verses are: "Vento in poppa, come un veliero. Vengo in bocca, come a Valerio che in verità è una donna. A me sta bene, il mondo è vario Vladimir era invertito, un travestito al contrario. 'Davvero?' Certo, l'ho visto a Porto Cervo, esplodevo come a Chernobyl, dopo il suo concerto. Eravamo nel suo camerino a bere vino. Io l'ho spinto in bagno, lui m'ha detto 'In tutti i mari, in tutti i laghi.'" These lyrics prompted Scanu to file a lawsuit, arguing that while music is a form of freedom, "insultare squallidamente una persona non è musica e non è arte," meaning that insulting someone in a degrading manner is neither music nor art.
The legal battle began in earnest in 2015, when Scanu filed a criminal complaint against Fabri Fibra. Initially, the rapper was fined 600 euros and ordered to pay a provisional sum of 20,000 euros. However, Scanu's legal team also pursued a civil case for damages. In 2016, the Court of Milan ruled in favor of Scanu, ordering Fabri Fibra and his record label, Universal Music Italia, to pay 25,000 euros. This amount was later increased to 70,000 euros on appeal, reflecting the significant media attention and the impact of the song's popularity.
As the case progressed through the legal system, it became a focal point for discussions about the boundaries of artistic expression. Many of Fabri Fibra's fans argued that the lyrics were a form of artistic commentary, asserting that the ruling represented an attack on creativity. However, the judges emphasized that the freedom of artistic expression does not grant immunity from defamation, particularly when the content is deemed to have "exceptional gravity" and significant social resonance.
In their final ruling, the Court of Cassation reiterated that the lyrics in "A me di te" did not fall within the realm of acceptable artistic critique or satire. They highlighted that the derogatory nature of the references, especially given the notoriety of both artists, exacerbated the harm caused to Scanu's reputation. The ruling serves as a reminder that while artists have the right to express themselves, they must also consider the potential consequences of their words on others.
Following the court's decision, Valerio Scanu faced a backlash from some of Fabri Fibra's supporters, who took to social media to voice their displeasure. Many accused him of being overly litigious and criticized the amount awarded. Scanu shared some of the insults and threats he received online, including one user who remarked, "Pentito infame, 15 anni di processo e hai grattato solo 70k. Anche se ora avrai saldato i debiti di gioco, resti comunque un fallito," which translates to "Repentant scoundrel, 15 years of trial and you’ve only scraped together 70k. Even if you’ve settled your gambling debts now, you remain a failure."
In response to the criticism, Scanu defended the court's ruling, stating that it was troubling to see people believe that artistic freedom allows for personal insults. He pointed out that some individuals mistakenly equate freedom of expression with the right to demean others, saying, "Che in Italia esisten gente che, forte del fatto che esista la democrazia e anche la libertà di parola, asserisce che un artista nei propri testi può dire tutto ciò che vuole, anche offendere un altro," meaning "There are people in Italy who, bolstered by the existence of democracy and freedom of speech, claim that an artist can say whatever they want in their lyrics, even offend another person."
This case has far-reaching implications for the Italian music scene, setting a precedent that could influence how artists approach their lyrics in the future. The ruling highlights the need for a balance between artistic freedom and accountability, reminding creators that their words carry weight and can have serious repercussions.
As the dust settles on this high-profile legal battle, both Valerio Scanu and Fabri Fibra remain prominent figures in the Italian music industry, albeit on opposite sides of a contentious issue. The outcome of this case may prompt artists to reflect more critically on their work and the potential impact of their lyrics on others, fostering a more responsible approach to creativity in the future.
