PUBLIC MORALITY. — Public morality refers to the manner of conduct in accordance with laws governing custom, and it is taken for granted that the same principles apply to judging both private morality and public morality, in the sense that a dishonest action performed by an individual does not cease to be such if performed by a social group, and a fault committed in secret remains such even when it is made public.
I. CONTENT OF PUBLIC MORALITY. — An action must be considered public and therefore subject to laws protecting public morality:
1) When it is such as to involve more people because it is of a nature that is itself intended for the public. For example, the press and every other means of propaganda concern public morality.
2) When the circumstances in which the action is performed render it public. This is the case of a gathering held in a private home but such that, due to the number of attendees or the purpose or object of the gathering, it is no longer a matter of private interest.
3) When the action is performed in a public place, i.e., a place where anyone can go, linger, or walk without any restriction (streets, squares, countryside, etc.);
4) or in a place open to the public, where anyone can enter, albeit with the limitation represented by an entrance fee or a specific purpose (theaters, schools, shops, public establishments, offices, railways, tramways, etc.);
5) or in a place exposed to the public, i.e., such that the interior can be seen (carriages, automobiles, courtyards, balconies, the interior of a house with windows open).
Thus, almost all matters that concern private morality also concern public morality. Some, however, do so more deeply.
The press, for example, has a preponderant influence on the moral orientation of society, and its enormous diffusion, which leads to an edonistic and materialistic conception of life and surrounds great criminals with an aura of notoriety, is certainly among the major causes of moral decay. Spectacles in all their forms, whether ancient like the theater or modern like cinema and television, are also typically public activities both by their intrinsic purposes and by the circumstances in which they take place. Due to their vast diffusion and the immediacy and effectiveness of their expressive means, spectacles vie with the press for primacy—often unfortunately nefarious—influence over custom. Fashion also concerns public morality since dressing is almost always in function of the interest one intends to arouse in others and would hardly serve a purpose if it could not be manifested in public. The same can be said of dancing, posters, and the public display of objects that offend good morals, etc.
Public morality is particularly endangered by immoral acts committed in public, by prostitution, and by the ignorance of women and children.
If the State declares itself powerless in the face of disorders that remain within a strictly private sphere, it has the right and duty to intervene against crimes that offend public morality precisely because it is its duty to defend the health of custom and the right of the honest not to be disturbed by the brazen exhibition of vice. Hence the legislation for the defense of morality, which is found, with greater or lesser development, in all nations.
II. LEGISLATION FOR THE PROTECTION OF PUBLIC MORALITY IN ITALY. — In Italy, legislation for the defense of public morality is found in the Constitution, the Penal Code, the Consolidated Law on Public Security, and in some special laws.
The Constitution prohibits “printed publications, spectacles, and all other manifestations contrary to good morals,” referring to the law for “adequate measures to prevent and repress violations” (art. 21). The Penal Code provides for public morality especially in Titles IX, X, and XI.
Title IX expressly addresses “crimes against public morality and good morals,” and in particular, from art. 519 to 526, crimes against sexual freedom: rape, violent acts of lust, abduction for the purpose of marriage or lust, abduction of minors, and seduction through a promise of marriage committed by a married person. From art. 527 to 538, offenses against modesty and sexual honor are addressed: obscene acts, even if merely negligent, obscene publications and spectacles, corruption of minors, incitement to prostitution and aiding and abetting, coercion to prostitution, exploitation of prostitutes, trafficking in women and minors.
Particular attention should be given to art. 529, which establishes that “for the purposes of the penal law, acts and objects are considered obscene if, according to common sentiment, they offend modesty” (this implies the moral duty to react to manifestations of bad morals with a public and constant response, so as to provide the judge, who must apply the law, with proof that common sentiment has been offended).
Title X addresses, from art. 545 to 555, “crimes against the integrity and health of the lineage,” in particular: abortion, procured abortion, incitement to abortion, procured impotence, and incitement to practices against procreation, and the spread of syphilis and gonorrhea.
Title XI punishes all “crimes against the family.” Crimes against marriage (from art. 556 to 563): bigamy, adultery, and concubinage, and crimes against family morals also concern public morality, in particular incest (art. 564) and attacks through the periodical press (art. 565).
Among the minor offenses, art. 725, which punishes the display and sale of writings, drawings, or other objects contrary to public decency, and art. 726, which punishes those who, in a public place or a place open or exposed to the public, commit acts contrary to public decency, should be noted.
The Consolidated Law on Public Security (June 18, 1931, no. 773) contains provisions relating to public spectacles and entertainments (arts. 68–85), the sale of alcoholic beverages (arts. 86–107), gambling (art. 110), the press (arts. 111–114), prostitution or debauchery (arts. 190–208). See also the Regulation for the Execution of the Consolidated Law (May 6, 1940, no. 635).
The special laws that relate to the defense of public morality are especially:
a) The Law for the Protection of Maternity and Infancy (Dec. 24, 1934, no. 2316) and the Regulation (Apr. 15, 1926, no. 718);
b) The Law on the Organization of the National Film Industry (May 16, 1947, no. 379), which in art. 14 refers to the Regulation annexed to Royal Decree Sept. 24, 1923, no. 3287, regarding government oversight of cinematographic films;
c) The Law on the Press (Feb. 8, 1948, no. 47), currently under revision.
Overall, an imposing body of legislative norms places Italy at the forefront of civilized nations in the defense of custom.
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