Freedom of the press is a larger concept of which libel law is a small part.

I addressed libel law because Fallaci is charged with defamation, which is a form of libel. The salient point is what constitutes defamation, and why Fallaci could be charged with such a thing.

American law states that the truth is a defence against accusations of libel. The Zenger case is the foundation of this interpretation. Also, as the defendant is presumed innocent in the US (an inheritance from English common law), the state prosecution has to prove that the damaging statements are not only false, but deliberately false.

The continental European tradition is different. The definition of libel in many older European bodies of law is not wedded to the truth of the statements, but only depends on whether or not the statements are damaging. Also, in any nation heir to the Napoleonic Code, the defendant is not presumed innocent, so the burden of proof is on the defense to prove innocence, not on the state prosecutors to prove guilt.

Typically, laws that have not been changed by legislation can be changed through court challenges. I will be interested to see how the Fallaci case turns out. It appears that the Italians are struggling with their traditional interpretation of libel and how it affects their journalists and writers.