Virtual Pornography and Comics: The Court of Cassation with Ruling No. 22579 of 2025 Clarifies the Boundaries of the Offense

The protection of minors in the digital age is a complex challenge for the law. Ruling No. 22579 of 2025 by the Court of Cassation, with Dr. G. G. as rapporteur, offers a fundamental clarification on the configurability of the offense of virtual pornography. This decision addresses the delicate issue of comic book depictions of sexual activities involving children, outlining the boundaries between artistic expression and criminal offense, and reinforcing the justice system's commitment to protecting the most vulnerable from new digital threats.

The Offense of Virtual Pornography: The Boundaries of Plausibility

Article 600-quater.1 of the Italian Penal Code penalizes virtual pornography, meaning the production, distribution, or possession of material that, while not depicting actual abuse, simulates its commission with a degree of realism such as to deceive or cause potential harm. The ruling under review, rejecting the appeal of the defendant D. P.M. M. G. against the decision of the Court of Appeal of Ancona, focused precisely on comic book depictions of sexual activities involving children, an area that requires careful consideration between freedom of expression and the protection of minors.

The core principle affirmed by the Supreme Court in Ruling No. 22579 of 2025 is as follows:

The comic book depiction of sexual activities involving children constitutes the offense of virtual pornography, pursuant to Article 600-quater.1 of the Penal Code, when it is of such quality as to make the unreal situations illustrated appear as having occurred or being realizable in reality, and therefore true or plausible.

This maxim is crucial: the Court of Cassation clarifies that the involvement of minors in sexual contexts is not sufficient. It is essential that the depiction, even if fictional, is of such quality as to render it 'true or plausible,' meaning perceivable as an event that actually occurred or could potentially occur. This can confuse the viewer or objectify the victim by simulating the reality of abuse. The Court, referring to previous rulings (such as No. 50298 of 2023 and No. 5874 of 2013), emphasizes 'plausibility' as the distinguishing element between artistic expression and criminally relevant content. The objective is to penalize not only real pornography but also virtual pornography that has a similar psychological and social impact, contributing to the sexualization and normalization of child abuse.

Evaluation Criteria and Regulatory Framework

To assess the 'plausibility' of a comic book depiction, jurisprudence considers various aspects, while still requiring a specific analysis for each case:

• Graphic realism and anatomical details.
• Narrative context and plausibility of the situation.
• Perceived age of the depicted subjects.
• Intrinsic purpose of the work.
• Perception of the average viewer.

Article 600-quater.1 of the Penal Code is part of the system for protection against offenses affecting minors, alongside Article 600-ter, paragraph 4, of the Penal Code, which concerns 'real' child pornography. The distinction lies in the nature of the material: the former focuses on non-real depictions that mimic reality. Jurisprudence, including previous rulings such as Ruling No. 15757 of 2018, has refined these criteria to protect the dignity of minors from new digital aggressions.

Conclusions: Protecting Minors in the Digital Age

Ruling No. 22579 of 2025 by the Court of Cassation is a significant warning for those operating in the digital world. It reiterates that the protection of minors admits no gray areas: even 'virtual' depictions can have a real and devastating impact. The principle of 'plausibility' is the cornerstone: what appears true or realizable, even if fictional, can constitute a serious offense. For legal professionals, this ruling provides clear guidelines for the application of Article 600-quater.1 of the Penal Code, requiring careful analysis. For society, it is a constant call for attention and responsibility in the production and dissemination of images, in an era where the line between real and virtual is increasingly blurred, and the protection of the most vulnerable requires collective and continuous commitment.