The term “revenge porn” refers to a nowadays’ set of conducts through which an individual takes revenge against another individual (often a former partner) sharing contents and information involving his/her sexual behaviours.
Revenge porn has been introduced into Italian Law only in 2019. In this specific case, the Law has established a new criminal behaviour that consists of the sharing of sexually explicit contents such as photos or videos. Specifically, the art. 612-ter Italian Criminal Code established the criminal offence based on the unlawful and unauthorised sharing of sexually explicit material. The new criminal offence reflects the new odious practice that sees individuals damaging former partners’ reputation by the distribution of sexual contents concerning him/her.
By establishing such new criminal offence, the Law aimed to protect victim’s right to self-determination. In addition, the Law provides the victim with the protection of other fundamental aspect such as his/her honour, reputation, privacy, and “sexual honour”.
Revenge porn is a common offence that might be carried out by anyone. Revenge porn is based on 5 different conducts: transmitting, delivering, transferring, publishing and spreading. While the first three conducts are referred to a direct contact between two subjects, the last two hypothesis are connected to activities that are referred with an undetermined amount of recipients. The objects of revenge porn conduct are sexual photos and videos.
Revenge Porn criminal offence is punished with a sentence of imprisonment from one to six years and a fine from €5000.00 to €15.000.00.
VGS lawyers have developed a proven expertise in dealing with collateral effects of unsuccessful divorce or separation processes. In those contexts, former partners tend to bring resentment against the former partners maybe due to unfavourable child custody regime. Therefore, they use any tool or instrument they have in order to damage the former partner. In the event you have experienced those type of conducts, do not hesitate to contact us through the form in this page.