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

Judgment No. 14953 of 2024 represents a significant step forward in Italian jurisprudence regarding the offenses of incitement to pedophilia and child pornography. The Court emphasized the necessity of considering the requirement of concrete danger, a fundamental aspect for the establishment of these offenses. In this article, we will analyze the salient points of the judgment, clarifying the legal meaning of concrete danger and the implications for the use of social media.

The Offense of Incitement: What the Legislation Provides

The crime of incitement to pedophilia practices is governed by Article 414 bis of the Italian Penal Code. This is an offense that not only punishes the conduct of those who incite acts of this type but also requires an assessment of the concrete potential of such incitement to generate illicit behaviors. The judgment in question clarifies that to establish this offense, an 'ex ante' judgment is necessary, meaning an assessment based on the circumstances and foreseeable conditions 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 published a post on Twitter inciting a sexual assault against minors. The Court highlighted the extremely high dissemination potential of the message, which extended beyond the 241 followers of the defendant's account. This aspect is crucial, as it demonstrates how social media can amplify and spread dangerous messages exponentially. The use of language evocative of the sexual sphere further aggravated the situation, making the message particularly insidious.

• The offense requires the actual suitability of the conduct to induce illicit behaviors.
• The assessment must be made considering the conditions at the time of the action.
• The dissemination potential of social media is a determining factor in establishing the offense.

Offense of incitement to pedophilia and child pornography practices - Requirement of concrete danger - Necessity - Assessment - Criteria - Factual circumstances. The crime of incitement or apology of pedophilia and child pornography practices is an offense of concrete danger, which requires the actual suitability of the conduct to induce others to commit offenses similar to those incited or for which an apology has been made. The assessment must be carried out with an 'ex ante' judgment, unchallengeable in a court of law, considering the situation that presented itself to the perpetrator at the time of the acts, based on the foreseeable conditions of the specific case. (Factual circumstances relating to the publication of a 'post' on the 'social network Twitter' inciting a sexual assault against young girls, in which the Court found the extremely high dissemination potential of the message even beyond the 241 'followers' who followed the 'account', whose name 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 need for a careful assessment of concrete danger in relation to incitement conduct. The Court's interpretation offers an important point of reflection for jurists and legal professionals, especially in an era where social media can act as amplifiers of dangerous messages. It is essential for justice to adapt to new social realities, ensuring effective protection for the most vulnerable.