Víctimas menores de edad por revenge pornprotección jurídica ante los riesgos del “internet inseguro”

Abstract

The protection of underage victims and their privacy against the phenomenon of sexting and the dissemination without consent of images of sexual content (revenge porn) is the axis of this investigation. To do this, the victims and their role in the situation are analysed. From the moment of diffusion or revenge porn, the reaction of administrative and criminal law in its protection of victims are observed. More specifically, it is the field of digital rights provided for in articles 84 and 85 of LO 3/2018 on the Protection of Personal Data and Protection of Minors on the Internet and the Right to Rectification on the Internet. The AEPD has a complaint service to denounce the illegal dissemination of this type of content and request its removal, the so-called priority channel. On the other hand, it is analysed when there are serious attacks, the reaction of the penal system is carried out by section 2 of art. 197.7 CP and as the Judgment of the Supreme Court 37/2021, of January 21, modulates its interpretation. However, LO 8/2021 Organic Law for the comprehensive protection of children and adolescents does not introduce this art. 197.7, the removal of illegal material and discusses how it can be corrected.