The non-consensual dissemination of intimate images or videos, commonly known as "revenge porn," represents a profound and painful violation of an individual's personal sphere, privacy, and dignity. We understand that finding yourself in this situation is a traumatic experience, generating anxiety, shame, and a sense of powerlessness. It is crucial to know that Italian law offers concrete tools to intervene urgently, have the content removed, and obtain fair compensation for the serious damages suffered. As a lawyer specializing in damages compensation in Milan, Avv. Marco Bianucci assists victims of this crime, providing legal support aimed at restoring peace of mind and justice.
In 2019, with the introduction of the law known as the "Red Code," the legislator inserted the crime of unlawful dissemination of sexually explicit images or videos (Art. 612-ter of the Criminal Code) into our legal system. This provision punishes anyone who, after having created or obtained them, sends, delivers, transfers, publishes, or disseminates sexually explicit images or videos of a person without their consent. The law protects the victim even when the images were initially produced with their agreement, sanctioning subsequent unauthorized dissemination. The penalty provided is imprisonment from one to six years and a significant fine, with specific aggravating circumstances if the act is committed by a spouse, even if separated or divorced, or by a person who is or has been in an emotional relationship.
The approach of Avv. Marco Bianucci, a lawyer specializing in damages compensation in Milan, is structured on two parallel and complementary fronts. The first, and most urgent, is immediate action for content removal. Through targeted reports to online platforms, social networks, and, if necessary, urgent appeals to the Personal Data Protection Authority, we act to block the dissemination of illicit material as quickly as possible. In parallel, the process to obtain fair compensation is initiated. This is not limited to purely financial damages but primarily includes non-pecuniary damages, which encompass moral damages (inner suffering), biological damages (any documented psychophysical disorders), and existential damages (the negative alteration of life habits and social relationships). Our strategy aims to precisely quantify each individual item of damage to ensure that compensation fully reflects the severity of the harm suffered.
The crime of unlawful dissemination of sexually explicit images or videos is prosecuted upon a complaint filed by the offended person. The deadline for filing the complaint is six months from the date on which the person becomes aware of the act. It is essential to act promptly to avoid losing the right to criminally prosecute the perpetrator and to immediately activate content removal procedures.
Removal can be requested directly from the platforms (social networks, websites) hosting the content, by flagging them as a violation of privacy and the law. In case of inaction, it is possible to file a complaint with the Data Protection Authority, which can order the blocking of the content. A lawyer can manage these procedures quickly and effectively, increasing the chances of success.
There is no fixed amount. The quantification of compensation depends on many factors, including the extent of dissemination, the time the material remained online, the psychological consequences on the victim, damage to their personal and professional reputation, and the impact on their social life. An in-depth legal analysis of the specific case is necessary to formulate a fair claim.
Moral damages represent the inner suffering, distress, anxiety, and shame experienced by the victim due to the violation of their intimacy and dignity. It is a fundamental component of compensation, as it acknowledges the devastating psychological impact that the non-consensual dissemination of intimate images can have on a person's life.
If you are a victim of the unlawful dissemination of private images, you do not have to face this situation alone. Acting quickly is crucial to limit damages and begin the path towards justice. The Bianucci Law Firm, located in Milan at Via Alberto da Giussano, 26, offers comprehensive and confidential legal assistance. Contact Avv. Marco Bianucci for an in-depth evaluation of your case and to define the most effective strategy for your protection.