The expression "revenge porn", widely used by the media and in everyday language, is in fact legally improper and risks generating confusion both among users and among potential clients. In our legal system, there is in fact no offence called "revenge porn": the correct provision is the one set out in article 612-ter of the Italian Penal Code, introduced in 2019, which governs the illicit dissemination of sexually explicit images or videos.
The media term is misleading for at least two reasons. First, it evokes the idea of "revenge", as if the motive were a necessary element of the conduct, whereas the provision punishes the dissemination of the material regardless of the perpetrator's motivations. There is therefore no requirement of a retaliatory intent: it is sufficient that content intended to remain private is disclosed without consent. Second, the use of the word "porn" can suggest necessarily extreme or professional content, while the law protects any image or video with sexually explicit content, even if produced in a private setting between consenting persons.
The real risk: minors and the use of social networks
The issue represents a concrete risk, especially when it comes to minors and the use of social networks. Case law has made clear that parents cannot limit themselves to superficial oversight: there is a genuine duty of supervision over the use of the smartphone by adolescent children. Where such supervision is lacking, parents may be called to answer in civil proceedings for damages caused by the unlawful conduct of their minors. Moreover, an excessively permissive attitude towards the use of social networks may have consequences within the family as well, even affecting the attribution of fault in a separation, as contrary to educational duties and to the duty of cooperation in the interest of the family, as highlighted by the Court of Prato.
Among the most widespread online behaviours is the publication of offensive content, such as denigrating photographs or comments harmful to another person's reputation, which may amount to the offence of defamation. It is important to stress that minors who have reached 14 years of age are criminally liable and answer directly for their actions before the Juvenile Court. However, parental liability remains relevant from a civil-law perspective, especially where an educational shortcoming emerges.
Sexting and its implications
A particularly sensitive area is that of sexting, namely the exchange of sexually explicit images, often between adolescents. The Italian Supreme Court of Cassation has ruled on the matter several times, clarifying that the dissemination of such content without the consent of the person depicted constitutes the offence of illicit dissemination of sexually explicit images or videos, commonly known as revenge porn, governed by article 612-ter of the Italian Penal Code. The provision punishes not only those who produce the material, but also those who disseminate it, regardless of whether they were the original author.
Even in cases where there is consent to the exchange of images, the risks are not eliminated. If the devices or SIM cards are registered in the parents' name, the parents could be involved, in certain circumstances, even in cases of possession of child pornography material pursuant to article 600-quater of the Italian Penal Code. Case law has clarified that this category includes all images depicting minors in sexually-oriented poses or contexts, even without the explicit representation of sexual acts, provided that a sexual purpose can be identified. The offence may also be made out in the case of digitally manipulated content, such as so-called deepfakes.
Culpa in educando and parental liability
From a civil-law perspective, parents may be held liable for culpa in educando, pursuant to article 2048 of the Italian Civil Code, where they have failed to provide their children with adequate education on the responsible use of digital tools, as highlighted by the Court of Sulmona.
Fake profiles and identity impersonation
Another frequent online conduct concerns the creation of fake profiles using the identity or images of third parties. This conduct amounts to the offence of impersonation set out in article 494 of the Italian Penal Code, since it harms not only the individual victim but also undermines overall trust in digital relationships between users.
Images of children published by parents
Finally, particular attention must also be paid to the use of children's images by parents themselves. The publication of photographs of minors, especially if intended for commercial collaborations or sponsorships, requires the consent of both parents. In the case of joint custody, decisions of major importance must be taken jointly. Failing an agreement, the issue may turn into litigation, as shown by an order of the Court of Ravenna which directed the removal of images published without the consent of the other parent.
Conclusions
In an increasingly exposed digital ecosystem, it is clear that prevention starts with the proper use of these tools and full awareness of their legal consequences. For this reason, where risky situations or concrete doubts arise, it is essential to act promptly in order to avoid both criminal and civil liability, and to effectively protect one's own rights and those of the minors involved.