Can you drive in a swimsuit in Italy?

"No miss, you can't go around like this, with your blouse unbuttoned and visible, you can't": this is how a now-viral video begins, where a girl driving is stopped by a policewoman who challenges her clothing (a swimsuit with an open shirt over it) telling her she cannot drive dressed like that. In the many comments, there is only one topic of discussion: is driving in a swimsuit against the law? We've heard it all: let's finally clarify the situation.

What does the Italian Penal Code say?

In the comments, Article 528 of the Penal Code is frequently mentioned. The article, titled "Obscene Publications and Shows," aims to protect public decency from content considered obscene. The law originally provided for a criminal penalty for anyone, with the purpose of profit or public exposure, who carried out a series of actions including manufacturing, introducing, purchasing, possessing, exporting, circulating writings, drawings, images, or other obscene objects of any kind in the State. However, with Law No. 11 of January 20, 2016, the criminal penalty was replaced with an administrative fine ranging from €10,000 to €50,000. It is still punishable by imprisonment from 3 months to 3 years and a fine of no less than €103 for anyone who: uses any advertising means to promote the circulation or trade of obscene objects, gives public theatrical or cinematic shows, or public auditions or recitations of an obscene nature.

What does obscenity mean?

The notion of "obscenity" is not explicitly defined by law but is left to the judge's assessment based on common sense of decency and the moral norms of the time. Generally, content is considered obscene when it explicitly and detailedly depicts sexual acts, uses foul and offensive language, glorifies violence or cruelty, incites hatred or discrimination. Therefore, driving in a swimsuit does not constitute an obscene practice under the law as long as it fully covers intimate parts. It's also important to note that freedom of expression is a fundamental right protected by the Italian Constitution. Therefore, Article 528 cannot be applied to censor works of art or content that, although provocative or controversial, have a cultural or social value.

Municipal Ordinances and Administrative Fines

Over the years, some Italian municipalities have decided to issue their own ordinances and regulations on the matter. Generally, municipalities prohibit walking around in a swimsuit outside beach areas, such as in historic centers, shopping streets, supermarkets, or on public transport. The fine for violating these rules varies from municipality to municipality, but it usually ranges between €25 and €500. Here are some examples of municipalities that have banned walking around in a swimsuit:

• Praia a Mare: the mayor's ordinance prohibits walking around in a swimsuit and bare-chested throughout the historic center from 10:00 AM to 8:00 PM, Monday to Friday, and from 10:00 AM to 6:00 PM, Saturday, Sunday, and holidays.
• Giulianova: the mayor's ordinance prohibits walking or staying in a swimsuit or bare-chested on all streets, avenues, squares, public places, and on public transport.
• Riccione: the urban police regulation prohibits walking around bare-chested or in a swimsuit in the historic center. The fine for violating the regulation is €50.
• Sorrento: the ordinance prohibits walking around both bare-chested and in a swimsuit to curb "improper behavior and actions perceived by the general public as contrary to decorum and decency."
• Tropea: to protect urban decorum within the urban perimeter of the Municipality of Tropea, excluding the entire marina area, it is forbidden to walk or stay bare-chested and/or in a swimsuit and/or barefoot.
• Villasimius: in the urban center, it is forbidden, as previously stated, to walk exclusively in a swimsuit and bare-chested.

Therefore, we recommend staying informed about municipal ordinances before starting your beach vacation.

What does the Highway Code say?

So, what about in a car? The only rule in the highway code that refers to the driver's clothing is Article 141, Paragraph 3, which prohibits driving with clothing that does not allow freedom of movement or that may hinder safe driving. For example, a too-tight or wet swimsuit could restrict the driver's movements. In this case, the fine ranges from €42 to €173. However, this does not apply to the girl wearing a completely dry swimsuit. Thus, this has nothing to do with the sense of decency mentioned by the policewoman.