Analysis of Judgment No. 14927 of 2023: Unlawful Dissemination of Sexually Explicit Images

Judgment No. 14927 of February 22, 2023, by the Court of Cassation marks a significant step forward in the protection of individual freedom and privacy, addressing the sensitive issue of the unlawful dissemination of sexually explicit images or videos. This ruling offers significant clarifications regarding the legal nature of such an offense, which takes on immediate relevance at the moment of the first transmission of the images.

The Crime of Unlawful Dissemination: A Clear Definition

According to the Court, the crime of unlawful dissemination of sexually explicit images or videos is an instantaneous offense. This means that it is completed at the moment of the first transmission to a recipient. This aspect is crucial, as it does not consider the relationship existing between the defendant and the victim, thus establishing a principle of objective liability. The defendant in this case, T. P. M. T., was convicted for sending images of his former lover to her family members, without her consent, highlighting the importance of protecting the dignity of the person depicted.

Unlawful dissemination of sexually explicit images or videos - Legal nature - Instantaneous offense - Consequences - Factual circumstances. The crime of unlawful dissemination of sexually explicit images or videos, which is an instantaneous offense, is completed at the moment of the first transmission to a recipient, regardless of the relationship existing between the latter and the person depicted. (Factual circumstances in which the Court deemed correct the conviction of the defendant who, without the victim's consent, had sent images depicting his "ex" lover in sexually explicit situations solely to her family members, with the aim of preventing further dissemination to unrelated third parties).

Consequences of the Judgment

The judgment also emphasizes the criminal consequences for those who commit such an offense, highlighting that a conviction is not merely a matter of moral responsibility but also has strong legal implications. Italian laws, particularly Article 612-ter of the Criminal Code, underscore the seriousness of such behavior, emphasizing that the violation of another's privacy in this context is a criminally prosecutable offense.

• Impact on individual freedom and consent.
• Legal implications for the disseminator of images.
• Protection of the victim and their social relationships.

Conclusions

In conclusion, Judgment No. 14927 of 2023 represents a fundamental call to individual responsibility and the necessity of protecting 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 severe legal consequences. The Court, therefore, reaffirms its role as guardian of freedom and privacy, precisely outlining the guidelines for mutual respect in the digital age.