Criminal framework

Codice penale articolo 612-ter (diffusione illecita di immagini o video sessualmente espliciti). The statute was enacted Legge 19 luglio 2019, n. 69 (Codice Rosso). From 1 to 6 years imprisonment plus €5,000 to €15,000 fine. Aggravated where the perpetrator is a current or former partner.

Civil and data protection framework

GDPR Article 17 (right to erasure) plus Codice Privacy provides the parallel civil route. Garante per la protezione dei dati personali (Garante Privacy) is the national supervisory authority and accepts complaints against any controller processing intimate imagery without lawful basis. The official site is https://www.garanteprivacy.it.

Direct takedown authority

The Garante operates a dedicated revenge porn channel under which a victim who fears imminent distribution can submit hashes for preventive blocking by Meta family platforms.

Official victim support

Garante Privacy revenge porn fast track is the recognised support service. Available at https://www.garanteprivacy.it/revenge-porn.

Five step removal process for Italy victims

  1. 1

    Preserve evidence before any contact with the perpetrator

    Capture full page screenshots with URLs visible. Save the original files. Note timestamps. This evidence supports both the Article 612-ter Codice penale complaint and any GDPR Article 17 (right to erasure) plus Codice Privacy request.

  2. 2

    File a criminal complaint under Article 612-ter Codice penale

    Report to local police or the national cybercrime unit. Garante Privacy revenge porn fast track can assist with the report.

  3. 3

    Submit an erasure request under GDPR Article 17 (right to erasure) plus Codice Privacy

    Send a written request to each platform's designated data protection contact citing the legal basis. Garante Privacy can be petitioned if the platform fails to comply within 30 days.

  4. 4

    Send a US TAKE IT DOWN Act notice in parallel for covered platforms

    When the platform is subject to US jurisdiction, the 48 hour federal removal obligation applies in parallel with your domestic rights. ScanErase files these notices automatically.

  5. 5

    Track and escalate non compliant platforms

    Document every notice and every response. Use the regulator's takedown authority for non compliant platforms.

Frequently asked questions

What is the criminal NCII statute in Italy?

Codice penale articolo 612-ter (diffusione illecita di immagini o video sessualmente espliciti). Enacted Legge 19 luglio 2019, n. 69 (Codice Rosso). From 1 to 6 years imprisonment plus €5,000 to €15,000 fine. Aggravated where the perpetrator is a current or former partner.

Who enforces data protection rights in Italy?

Garante per la protezione dei dati personali (Garante Privacy) is the national authority. Official site: https://www.garanteprivacy.it.

Is there an official victim support service in Italy?

Yes. Garante Privacy revenge porn fast track provides direct help to victims. Site: https://www.garanteprivacy.it/revenge-porn.

Does any regulator in Italy have direct takedown power?

The Garante operates a dedicated revenge porn channel under which a victim who fears imminent distribution can submit hashes for preventive blocking by Meta family platforms.

Can a Italy resident also use the US TAKE IT DOWN Act?

Yes when the hosting platform is subject to US jurisdiction. The TAKE IT DOWN Act applies to covered platforms regardless of where the victim resides. ScanErase's scan finds every US covered platform hosting your images, so you can file notices there in parallel with GDPR Article 17 (right to erasure) plus Codice Privacy requests.

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