PUBLIC MORALITY. - By morality is understood the manner of conducting oneself in relation to the laws that regulate custom, and it is taken for granted that the same principles serve to judge both private morality and public morality, in the sense that a dishonest action performed by a single individual does not cease to be such if performed by a social body, and a fault committed in secret is such even when it spreads among the public.
I. CONTENT OF PUBLIC MORALITY
An action must be considered public and therefore subject to the laws that protect public morality: 1) When it is such as to involve more than one person, because it is itself "by its very nature" destined for the public. For example, the press and every other means of propaganda involve public morality. 2) When the circumstances in which the action is carried out make it public. This is the case of a meeting held in a private house, but such that, by reason of the number of those present or of its purpose or object, it is no longer of private interest. 3) When the action is carried out in a public place, that is, in a place where anyone may go, linger, or stroll without any limitation (streets, squares, countryside, etc.); 4) or in a place open to the public, that is, where anyone may enter, even with the limitation represented by an entrance fee or by a determined purpose (theaters, schools, shops, public establishments, offices, railways, tramways, etc.); 5) or in a place exposed to the public, that is, such that the interior of it can be seen (carriages, automobiles, courtyards, balconies, the interior of a house with the windows open).
Therefore almost all the matters that involve private morality also involve public morality. Some, however, do so in a more profound manner.
The press, for example, has a preponderant influence on the moral orientation of society, and the enormous diffusion of that which indulges in a hedonistic and materialistic conception of life and surrounds great criminals with a halo of notoriety is certainly among the major causes of moral decadence. The spectacle in all its forms, ancient, like the theater, or recent, like the cinema and television, is likewise a typically "public" activity, both because of its intrinsic purposes and because of the circumstances in which it takes place. By reason of its very wide diffusion and the immediacy and efficacy of its means of expression, the spectacle contends with the press for primacy of influence - unfortunately very often a baleful one - on morals. Fashion too involves public morality, since dressing is almost always in function of the interest one intends to arouse in others, and it would scarcely have any reason to exist if it could not manifest itself in public. The same may be said of dancing, of posters, of the public display of objects that offend good morals, etc.
Public morality is particularly threatened by immoral acts committed in public, by prostitution, and by the ignominious crime of the "white slave trade" and of the exploitation 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 the duty to intervene against offenses that offend public morality, precisely because it is its task to defend the health of morals and the right of honest people not to be disturbed by the shameless exhibition of vice. Hence the legislation in 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 the legislation in defense of public morality is found in the Constitution, in the Penal Code, in the Consolidated Text of the Laws on Public Security and in certain special laws.
The Constitution forbids "printed publications, performances and all other manifestations contrary to good morals," referring to the law for "measures adequate to prevent and repress violations" (art. 21). The Penal Code provides for public morality especially in titles IX, X and XI.
Title IX expressly contemplates "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 and for the purpose of lust, abduction of a minor and seduction with promise of marriage, committed by a married person. From art. 527 to 538 are contemplated offenses against modesty and sexual honor: obscene acts, even merely negligent ones, obscene publications and performances, corruption of minors, incitement to prostitution and procuring, coercion into prostitution, exploitation of prostitutes, trafficking in women and minors.
Particular attention deserves art. 529, which establishes that "for the purposes of the penal law, acts and objects which, according to the common sentiment, offend modesty are considered obscene" (this entails the moral duty to react to manifestations of bad morals, and with a public and constant reaction, such that it gives the magistrate, who must apply the law, proof that the common sentiment has been offended).
Title X contemplates, from art. 545 to 555, "crimes against the integrity and health of the race," in particular: abortion, procured abortion, incitement to abortion, procured impotence and incitement to practices against procreation, and the contagion of syphilis and blenorrhagia.
Title XI strikes all "crimes against the family." Also of interest to public morality are crimes against marriage (from art. 556 to 563): bigamy, adultery and concubinage, and crimes against family morals: in particular incest (art. 564) and attacks by means of the periodical press (art. 565).
Among the contraventions, one must bear in mind art. 725, which strikes the display and commerce of writings, drawings or other objects contrary to public decency, and art. 726, which strikes whoever, in a public place or a place open or exposed to the public, commits acts contrary to public decency.
The Consolidated Text of the Laws on Public Security (18 June 1931, no. 773) contains provisions relating to public performances and entertainments (arts. 68-85), the sale of alcoholic beverages (arts. 86-107), gambling (art. 110), the press (arts. 111-14), prostitution or libertinage (arts. 190-208). See also the Regulation for the execution of the Consolidated Text (6 May 1940, no. 635).
The special laws which have references to the defense of public morality are especially: a) the Law for the Protection of Maternity and Infancy (24 Dec. 1934, no. 2316) and the Regulation (15 Apr. 1926, no. 718); b) the Law on the organization of the national cinematographic industry (16 May 1947, no. 379), which in art. 14 refers to the Regulation annexed to the Royal Decree of 24 Sept. 1923, no. 3287, as regards governmental supervision over cinematographic films; c) the Law on the press (8 Feb. 1948, no. 47), in the process of being updated.
On the whole, an imposing body of legislative norms, which place Italy in the vanguard of civilized countries in the defense of morals.
Bibliography9 works
(1950), pp. 47-48; anonymous, Il pudore e l'atto osceno, ibid., 3 (1950), pp. 48-50.
Ferdinando Prosperini