Synopsis:
The telematic dissemination of photos shared on social networks (photosharing) and reproducing intimacy of minors constitutes a violation of the right to privacy, a source of civil liability for non-pecuniary damage.
Case:
Tizia, sixteen, after a few months of sentimental relationship with the equal in age Caio, sends to his smartphone device intimate photos that depicts her undressed. The boy shows the photos, sharing them first with friends and then posting them on some social networks, with the result that they can be viewed by anyone. Tizione, the father of the girl, randomly came to know the pictures, goes to Caione, the boy’s father, who affirms to be already aware of the event and defends his son by believing that he is behaving, with the help of the easy possibility of sharing computer materials, a simple stunt nowadays.
Quid iuris?