Analysis of Judgment No. 14927 of 2023: Illegal Dissemination of Sexually Explicit Images
Judgment No. 14927 of February 22, 2023, from the Court of Cassation marks an important step forward in the protection of individual freedom and privacy, addressing the sensitive issue of the illegal dissemination of sexually explicit images or videos. This ruling provides significant clarifications regarding the legal nature of such a crime, which takes on immediate relevance at the moment of the first transmission of the images.
The Crime of Illegal Dissemination: A Clear Definition
According to the Court, the crime of illegal dissemination of sexually explicit images or videos is characterized as an instantaneous crime. This means it is completed at the moment the first transmission to a recipient occurs. This aspect is crucial, as it does not take into account the relationship between the accused and the victim, thereby establishing a principle of objective responsibility. The accused in this case, T. P. M. T., was convicted for sending images of his ex-lover to her relatives without her consent, highlighting the importance of protecting the dignity of the person depicted.
Illegal dissemination of sexually explicit images or videos - Legal nature - Instantaneous crime - Consequences - Case law. The crime of illegal dissemination of sexually explicit images or videos, which is characterized as an instantaneous crime, is completed at the moment of the first transmission to a recipient, irrespective of the relationship between the latter and the person depicted. (Case in which the Court deemed the conviction of the accused correct for having sent images of his "ex" lover in sexually explicit situations to her relatives, who were interested in preventing further dissemination to third parties without the victim's consent).
The Consequences of the Ruling
The ruling also emphasizes the criminal consequences for those who commit such a crime, highlighting that the conviction is not just a matter of moral responsibility, but also has strong legal implications. Italian laws, particularly Article 612-ter of the Penal Code, establish the severity of such behaviors, emphasizing that the violation of someone else's privacy, in this context, is a punishable crime.
- Impact on individual freedom and consent.
- Legal implications for the disseminator of the images.
- Protection of the victim and her social relationships.
Conclusions
In conclusion, judgment No. 14927 of 2023 represents a fundamental call to individual responsibility and the necessity to protect the dignity of individuals involved in sensitive situations like the one analyzed. It serves as a warning to all: the dissemination of intimate content without consent not only harms the victim but also exposes the perpetrator to serious legal consequences. The Court thus reaffirms its role as guardian of freedom and privacy, precisely outlining the guidelines for mutual respect in the digital age.
