Possession of Child Pornography Material: Analysis of Judgment No. 36572 of 2023

Judgment No. 36572 of April 4, 2023, issued by the Court of Cassation, represents an important reference point for Italian jurisprudence on crimes against persons and, in particular, concerning the possession of child pornography material. The specific case involves a defendant who actively participated in a group chat on Telegram, where files containing child pornography were stored in the platform's cloud storage. The Court clarified that mere participation in such chats, along with the availability of such files, constitutes the commission of the offense provided for by Article 600-quater of the Criminal Code.

The Meaning of the Judgment

The Court of Cassation, in rejecting the defendant's appeal, established that:

• Legally relevant possession is constituted even when the material is stored in the cloud, accessible via group credentials.
• Every aware participant in the chat bears direct responsibility for the stored content.
• The crime does not require physical possession but is based on the availability and accessibility of the files.

Possession of child pornography material - Notion - Participation in a collective "chat" on "Telegram" - Storage of child pornography "files" in the "cloud storage" of the "chat" - Configurability of the offense under Article 600-quater, first paragraph, of the Criminal Code - Existence. The availability of child pornography "files" stored on the "cloud storage" of a group "chat" on "Telegram," accessible through one's own credentials by every group member who has knowingly taken part in it, constitutes legally relevant possession under Article 600-quater, first paragraph, of the Criminal Code.

Legal and Juridical Implications

This judgment not only clarifies the legal responsibility of users in collective chats but also raises important questions regarding online privacy and security. Italian jurisprudence, in line with European regulations, tends to tighten measures against child pornography, recognizing the need to protect minors from harmful content.

Furthermore, the decision is part of a broader context of increasing attention towards cybercrime and the need to ensure that digital platforms do not become spaces of impunity for those who commit such offenses.

Conclusions

Judgment No. 36572 of 2023 by the Court of Cassation represents a crucial step in strengthening regulations against the possession of child pornography material. It underscores the importance of individual awareness and responsibility in the context of digital communications. It is essential for those participating in collective chats to be fully informed of the legal implications of their actions to avoid incurring serious criminal consequences.