Ruling follows outcry over fascist rally in Rome.

Italy's top court on Thursday ruled that the fascist salute could be considered a crime only "under certain conditions", including if performed in circumstances that risk a "concrete danger" of reviving the banned Fascist party.

In such cases, the Cassation Court ruled that judges can apply the 1952 Scelba Law against "apology for fascism" and attempting to restore Mussolini's Fascist party, state broadcaster RAI reports.

The fascist salute could also be considered a crime, the Cassation Court ruled, if the gesture constitutes a risk to public order under the 1993 Mancino Law which permits the prosecution of those involved in racial, ethnic and religious discrimination and the incitement of hate crime.

The court also ordered an appeals trial in the case of eight neo-fascist militants who made the straight-armed salute during a 2016 event in Milan to commemorate the 1975 killing of fellow militant Sergio Ramelli.

Thursday's ruling has been interpreted as meaning that the salute is not a criminal offence if performed at events such as a recent rally in Rome to commemorate the killing of three neo-fascist youths in the Italian capital in 1978.

Roma, Italia, 2024.
Vergogna di Stato. #AccaLarentia pic.twitter.com/yR7VtvmfVR

— Paolo Berizzi (@PBerizzi) January 7, 2024

The Acca Larenzia event takes place every January however this year it sparked outrage, both in Italy and internationally, after video footage of hundreds of men performing the fascist salute went viral.

A police investigation continues into the event which took place outside the former headquarters of the neo-fascist Movimento Sociale Italiano (MSI), a percursor to the right-wing Fratelli d'Italia party led today by Italy's premier Giorgia Meloni.

The prime minister, who did not attend the Rome rally, has been criticised for her failure to condemn the incident, despite repeated calls to do so.