Starfinancer

C.what is digital violence and how to get out of it? It’s not just revenge porn: sometimes just having intimate photos of the other is a form of violence. The expert’s advice on how to behave

Almost three years have passed since the Red Code against violence came into force, yet the digital one remains an emergency. To say this are the data that emerge from a study, conducted on a sample of 2,000 people between April and the end of May, from which it emerges that in Italy there are about 2 million victims of the dissemination of intimate material, without the consent of the interested party. This is what is commonly said revenge porn, but not only. It is not necessary to reach this specific crime to commit violence: the mere fact of possessing intimate photos and videos of another (almost always the ex) is an abuse.

Victims of digital violence: 7 out of 10 are women

According to the analysis conducted by The Fool, a digital reputation company, on behalf of the non-profit association Permesso Negato, one in six people have made images or videos that have to do with their intimacy at least once, and 50% admit to having shared them, especially through private messages, chats, online forums, specific channels or with close acquaintances such as the partner. Most of the time, however, the problem arises when a story ends and the former “sells” by publishing the material. The victims are in 70% of the cases heterosexual women, with an average age of 27 years.

But is it violence even if the photos and videos are not posted in public?

Digital violence even in the home

“Often these are real crimes, as well as digital violence. Recently the cases of photographs “stolen” in the shower of unsuspecting victims have made headlines. In reality, cases are more frequent than one can imagine. They also happen between jealous spouses who install recorders or cameras in the house because they suspect adulterers or there are cases of maintenance workers who do the same things out of voyeurism. This is generally the offense of unlawful interference in private life punished up to four years of imprisonment and is perfected even if the material has no intimate content »explains the lawyer Marisa Marraffino, specialized in computer crimes.

Too few complaints: why and what should be done instead

Yet the complaints are still few compared to the number of abuses: only 50% of the victims interviewed in the study say they have decided to go all the way to stop their “tormentor”. Often women even try to reach an agreement with those who blackmail them more or less explicitly, while among men less than 1 in 3 files a complaint for fear that the news will become public and could ruin their reputation. “Many victims are afraid to report or are ashamed to do so. They fear that they will be judged and that they also face a long and painful process. Instead, bringing out these behaviors is the only way to really defeat them. The impunity of the perpetrators is the real reason why this type of violence continues to proliferate»Explains the expert. “Sometimes I have had serious cases, like sharing of gifts or child pornography photos in chat between teenagers: the parents did not want to report the incident, minimizing the risks and responsibilities, even “inviting” the other parents not to – explains the lawyer – In this case it is probably ignorance or the fear of being in turn denounced to be decisive. Other times the victims have one emotional dependence by the perpetrator of these crimes because, for example, he is a former partner and they also need psychological support to understand the importance of reporting certain behaviors “.

Why to report and for which crimes

«We must not forget that threatening someone, even an adult, to publish their intimate photos may be part of the crime of private violence or extortionfor example, if you ask for money to cancel them or not to disseminate them – explains Marraffino – As for the other casesforcing someone to take intimate photos of themselves or to record a sexual or self-erotic act can also be a crime and precisely that of private violence, punishable by up to four years of imprisonment.

If, on the other hand, you hold intimate material obtained by exploiting minors, you are faced with the crime of possession of child pornography material. Finally, the offense of unlawful dissemination of sexually explicit material (the so-called revenge porn) it also happens when the images or videos are not published, but shared for example on messaging systems. Everyone should be denounced without hesitation ».

Digital violence: chow to report and to whom

But to whom should these behaviors and crimes be reported? “Meanwhile, if the offense is prosecutable upon complaint, you have three months to present it in any police station or carabinieri command, or six months if it involves the unlawful sharing of sexually explicit material – Clarifies Marraffino – If it can be prosecuted ex officio, as in the case of detention of child pornography and private violence, there are no time limits. I remember, however, that reporting it quickly to the police is essential for the investigation. “

Are there other ways to stop certain behaviors? «Denouncing is the only way to block the author. Don’t give in to blackmailnever give money to those who are threatening us, otherwise not only will the criminal chain not stop, but the requests for money will continue forever »urges the lawyer.

How to prevent our material from getting into the wrong hands

«The first advice of the expert, which is also the most immediate, consists in aiming at“ prevention ”:« You should never put yourself in a position to be threatened by someone. If, however, the material is stolen without our knowledge, for example through spy software, it is good to have the cell phone reclaimed and in any case report it to the police ». Furthermore, in the event that it is realized that private and intimate material has been posted on social networks without our consent, you can contact the platform managers: “You can report the abuse to the social network through the classic reporting procedure and if it is not removed promptly, you can contact the Guarantor for the protection of personal data”. In fact, a few months ago on the Authority’s website a module is available that allows the blocking of the dissemination of compromising videos and photos on all platforms within 48 hours of reporting. Thanks to a decree law, therefore, the Guarantor is no longer limited only to intervening with Facebook and Instagram, with which there was already an agreement, but will be able to do so with all social platforms.

“If it is a question of revenge porn, you can also act preventively by writing to the Guarantorwhich will ensure that the social network contacts the user by sending him a link on which to upload the videos and photos that will be scanned and blocked in advance »explains Marraffino.

What remains to be done: the limits with WhatsApp

“The European Commission has for some time been asking to strengthen the safeguards with preventive tools also on messaging systems such as WhatsApp, for example by preventing child pornography from being uploaded. The problem is that these platforms have made the end to end encryption their strength and disabling it, even for preventive purposes, will not be easy “recalls the expert, who is committed to preventing this type of crime among young people, with projects carried out with the FIGC, the Italian Football Federation.

“The Digital Services Acton which the European Union reached political agreement on 23 April, will increase the responsibilities and duties of controlling the platforms, but this may not be enough on its own. We are experiencing a period of great change, also at the regulatory level, but there is still a long way to go to really effectively protect the victims of this violence “, concludes the expert.