The Law
Italian legislation
Italian Law always considers and punish any conduct concerning “child pornography” content: production, detention, dissemination, trade, advertising of the material and - from 2022 – intentional access to sites containing child pornographic material intentionally and without justified reason (Law 238/ 2021, in force from 17 January 2022), even without downloading or storing the material. The Italian legislation also bans viewing pornographic exhibitions and shows involving children (Article 600-ter.2.). This provision could be used to criminalise live streaming of child sexual abuse.
Law 269/1998 - “Provisions against the Exploitation of Prostitution, Pornography, and Sexual Tourism to the Detriment of Children: The New Forms of Slavery”.
Law 38/2006 - “New provisions on the sexual exploitation of children and child pornography, also through the Internet”.
Law 172/2012 - Ratification of the Lanzarote Convention (Council of Europe Convention on the Protection of Children against Sexual Exploitation and sexual Abuse).
Legislative Decree 39/2014 to adopt the European Directive 2011/93/EU, on combating the sexual abuse and sexual exploitation of children and child pornography.
Law 238/ 2021, in force from 17 January 2022, "Provisions for the fulfilment of obligations arising from Italy’s membership of the European Union - European Law 2019-2020". Art. 20 of this law contains some criminal provisions for the repression of sexual abuse against minors and against child pornography.
EUROPEAN LEGISLATION
The EU and its Member States work together to effectively combat child sexual abuse online and to protect victims through dedicated safeguarding strategies. New rules for prevention and enforcement are currently under discussion.
A revision of Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography is underway. Adopted in 2011, the Directive established criminal law rules to prevent and combat child sexual abuse, including online. Italy transposed the Directive into national law through Legislative Decree 39/2014, which specifically calls on Member States to adopt measures for:
- The identification and protection of victims
- Cooperation between law enforcement authorities
- The prevention of online abuse
As part of the EU Strategy for a More Effective Fight Against Child Sexual Abuse (2020–2025), the European Commission proposed a Regulation in 2022 aimed at creating a long-term legal framework. The proposal specifically defines the responsibilities of Internet Service Providers to detect, report, and remove CSAM (Child Sexual Abuse Material) from their platforms.
In 2022, the Digital Services Act (DSA) was adopted, a regulation of the European Union that aims to create a safer digital space where the fundamental rights of all digital service users are protected.
Also in 2022, a new European Strategy for a Better Internet for Kids (BIK+) was adopted. This strategy builds upon the original 2012 framework and updates it in light of technological developments over the past decade.