Not only revenge porn, here's what those who spread intimate images (real or fabricated) risk

Large platforms must also draw up an annual risk assessment. In case of serious non-compliance, the EU Commission may also intervene with penalties of up to 6% of the total annual turnover of the company concerned.

That something is not working in the algorithmic system of social networks is there for all to see. Whether anything will really change in order to prevent and suppress abuses in a timely manner - not only on a European level - is another question.

The offence of unlawful dissemination of sexually explicit images or videos (so-called revenge porn) provided for in Article 612-ter of the Criminal Code, punishable by imprisonment from one to six years, applies both to those who, after having realised the contents intended to remain private, disseminate them without the consent of the person concerned and to those who, after having received them, disseminate them unlawfully even if they have not materially realised them.

For the Court of Cassation, even photographs or videos in underwear can constitute an offence. It does not even matter whether the victim had previously disseminated the intimate content on other channels because what matters is the different purpose.

The offence is not committed with artificial intelligence, unlike the offence of child pornography. Article 600 quater of the criminal code, in fact, expressly provides for the offence of virtual child pornography, which, on the other hand, the 'absent-minded' legislator did not provide for so-called revenge porn.

Under consideration in the Senate is Bill 1146/2024 on artificial intelligence, which provides for the introduction of a specific offence for those who disseminate content created or altered with AI without consent.

However, other offences may be possible in these cases.

Article 167 of the Privacy Code punishes the unlawful processing of so-called special personal data, such as sexual data, that cause harm to the victim, as in the case of Deepnude. This offence is prosecutable ex officio and carries a penalty of imprisonment from one to three years in cases of dissemination of data relating to sexual life or sexual orientation.

The offence has an initial reservation clause, so if a more serious offence (such as revenge porn) is applicable, reference will be made to the more serious offence.

It punishes with imprisonment from six months to four years anyone who records videos or takes photographs pertaining to private life without the knowledge of the persons involved.

Case law is full of such cases. In 2018, the Court of Cassation dealt precisely with the case of a husband who had filmed his wife in her underwear, unbeknownst to her, inside the home, holding that this offence was applicable, at the time the so-called revenge porn did not exist. (Criminal Cassation sec. V, 14/05/2018, no.36109).

Posting sexist, offensive comments in general on the Internet constitutes the offence of defamation aggravated by publicity, punishable by imprisonment of six months to three years.

For a part of the jurisprudence, the offence also applies to someone who shows support for an offensive content posted by others, e.g. through a 'Like'.