I diritti della personalità dei minori nello spazio virtuale

Abstract

The virtual environment is undoubtedly a source of knowledge, a ‘place’ where today’s youngsters can communicate and develop their competences. Their online friends are resources because they widen their private spheres – social networks and instant messaging enable them to share opinions, photographs, videos, songs, comment events and organise outings with peers. However, all these Web opportunities may entail risks which have even been emphasised at European level. In addition to episodes of cyberbullying and sexting young people are subjected to on a daily basis, the possibility they may also come across violent contents or befriend despicable strangers (e.g., phenomena like child grooming) is all too real. Web meandering can make young people lose control of their own personal data as well as their reputation. They may also jeopardise third parties’ private spheres (their friends’, relatives’ and acquaintances’). To favour a positive, wholesome online environment and a productive use of the Internet, children’s creativity should be fostered. Digital literacy and media information should be provided not only by parents but also by schools, which can, or better, must prove to be precious references in helping students develop informed critical awareness of both the opportunities, but also the dangers lurking in the Web.    Schools may reach most children independently of their age, and therefore even adults. The EU government has often demanded online safety should be compulsory in the school syllabi of member states. This paper outlines indications taken from measures, opinions and notes of the Garante (Authority) which has always shown great sensitivity both towards the privacy and dignity of minors, and towards enhancing protection tools set forth by Italian law (the Media and Minors Committee proposal of a Self-Regulating Code against cyberbullying undergoing public consultation; Internet rights charter; the law against cyberbullying) and more generally, by European law (new EU General Data Protection Regulation 2016/679).