Italian Law Criminalizing Fascist Propaganda Raises Questions for Art Museums

On September 12, the Italian Chamber of Deputies approved the Fiano bill (act 3343), which introduces Article 293-bis of the penal code criminalizing propaganda of the fascist and Nazi-fascist regime. The law targets the production, distribution, and sale of goods depicting people, images, or symbols clearly referring to the fascist or Nazi party. This could affect artworks by Mario Sironi, Gerardo Dottori, Enrico Prampolini, Maurizio Cattelan, and Eva Marisaldi if publicly exhibited. The bill now moves to the Senate. Existing laws—Scelba (1952) and Mancino (1993)—already prohibit fascist reorganization and racial hatred propaganda. Unlike them, the Fiano law is a 'crime of harm' rather than 'danger,' punishing the mere act of displaying or producing such items. However, constitutional guarantees (Articles 21 and 33) protect artistic freedom, as the Constitutional Court has called art 'among the highest forms of thought.' Thus, artworks with fascist references may remain exempt, though the law could affect non-art objects like memorabilia in a proposed 'Museum of Fascism' in Predappio, Mussolini's birthplace. The distinction between exhibition and propaganda is crucial: museums serve educational purposes, while propaganda promotes ideology. The author suggests adding an explicit exemption for artworks in the final law, similar to the obscenity exemption in Article 529 CP.