Commentary on Judgment No. 14953 of 2024: Incitement to Pedophilia Practices

Judgment No. 14953 of 2024 represents an important step forward in Italian jurisprudence regarding crimes of incitement to pedophilia practices and child pornography. The Court emphasized the need to consider the requirement of concrete danger, a fundamental aspect for the configuration of such crimes. In this article, we will analyze the key points of the judgment, clarifying the legal meaning of concrete danger and the implications for the use of social media.

The Crime of Incitement: What the Legislation Provides

The crime of incitement to pedophilia practices is governed by Article 414 bis of the Italian Penal Code. It is a crime that not only punishes the conduct of those who incite acts of this kind but also requires assessing the actual potential of such incitement to generate unlawful behaviors. The judgment in question clarifies that to configure this crime, an 'ex ante' judgment is necessary, meaning an evaluation based on the circumstances and conditions foreseeable at the time of the action.

The Specific Case and the Implications of Social Media

In the specific case addressed by the judgment, the defendant posted a tweet that incited a sexual assault against minors. The Court highlighted the high disseminative potential of the message, which went beyond the 241 followers of the defendant's account. This aspect is crucial, as it illustrates how social media can amplify and spread dangerous messages exponentially. The use of evocative language related to the sexual sphere further exacerbated the situation, making the message particularly insidious.

  • The crime requires the actual suitability of the conduct to induce unlawful behaviors.
  • The judgment must be made considering the conditions at the time of the action.
  • The disseminative potential of social media is a determining factor in establishing the crime.
Crime of incitement to pedophilia practices and child pornography - Requirement of concrete danger - Necessity - Assessment - Criteria - Case law. The crime of incitement or apology for pedophilia practices and child pornography is a crime of concrete danger, which requires the actual suitability of the conduct to induce others to commit similar crimes to those incited or for which there has been an apology, the assessment of which must be carried out with an 'ex ante' judgment, unassailable in legitimacy, taking into account the situation that presented itself to the agent at the time of the acts performed, based on the foreseeable conditions of the individual case. (Case concerning the publication of a 'post' on the 'social network Twitter' inciting a sexual assault against girls, in which the Court recognized the extremely high disseminative potential of the message even beyond the 241 'followers' who followed the 'account', the name of which was, moreover, evocative of the sexual sphere).

Conclusions

Judgment No. 14953 of 2024 emphasizes a crucial aspect of the fight against pedophilia and child pornography: the necessity for careful evaluation of concrete danger in relation to inciting conduct. The Court's interpretation offers an important point of reflection for legal scholars and practitioners, especially in an era where social media can serve as amplifiers of dangerous messages. It is essential that justice adapts to new social realities, ensuring effective protection for the most vulnerable.

Bianucci Law Firm