I rischi insiti nell’utilizzo del Web come possibile strumento di sfruttamento sessuale dei minori: l’attuazione in Italia della Convenzione di Lanzarote e il potenziamento degli strumenti repressivi

Abstract

Among the risks inherent in an unknowingly use of the Web, unfortunately, it is also necessary to include what is related to the phenomenon called child grooming, which, facilitated by the rapid diffusion of new communication technologies among the younger sections of the population, has become more and more worrying. With a view to stem the phenomenon, the Council of Europe has already adopted a Convention in 2007 (so-called Lanzarote Convention), by which various disciplines have been adopted, all aimed at preventing and fighting the exploitation and sexual abuse of minors. Among such disciplines, in particular as far as it is concerned here, the Convention has imposed the adoption of specific legislative measures “to criminalise the intentional proposal, through information and communication technologies, of an adult to meet a child who has not reached the age set in application of Article 18, paragraph 2, for the purpose of committing any of the offences established in accordance with Article 18, paragraph 1.a, or Article 20, paragraph 1.a, against him or her, where this proposal has been followed by material acts leading to such a meeting” on the signatory States. The Italian legislator has transposed the supranational impulse by adapting internal legislation and strengthening, even in criminal matters, the instruments to protect the child's sexual integrity in relation to the above-mentioned new and insidious forms of cybercrime. The present contribution will therefore aim to reconstruct the essential lines of sanctioning legislation in this matter, relying on the fact that an activity of more in-depth knowledge of the phenomenon, not only by law practitioners, but also by teachers and families, can contribute to a further strengthening of the so-called digital education. In fact, as remembered by the Guarantor for Infancy and Adolescence, "on the Web universe it is unthinkable to imagine a total control; this is why it is necessary a click of awareness and a commitment to govern the risks associated with the Web, which must concern both the boys and the parents and the teachers. (…) A collective approach that seriously faces the launch of a digital education, that allows adults to get familiar with computer technology and both children and adults to take into account the potential risks involved is necessary".