DIRITTI DIGITALI UTENTI ONLINE
RIGHT AGAINST REVENGE PORN
When
PUNISHABLE CONDUCT
Distribution by ex-partner:
Classic scenario:
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During relationship: consensual exchange of intimate photos/videos
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End of relationship: ex publishes content for revenge
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On social media, groups, porn sites, sends to victim's acquaintances
Even if:
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Photos/videos were sent voluntarily during relationship
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No explicit prohibition on sharing (consent doesn't extend to dissemination)
Distribution by third parties:
Obtained through:
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Hacking (stolen from cloud, device)
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Forwarded by ex-partner
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Found online and re-shared
What it is
How it works:
Regulatory basis
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Art. 612-ter Criminal Code - Unlawful dissemination of sexually explicit images/videos (Revenge Porn)
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Introduced by Red Code (Law 69/2019)
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GDPR Art. 17 - Right to deletion
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Privacy Authority - Urgent removal procedure
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DSA Art. 16 - Notification of illegal content