Adult Content Online: What Italian Law Says
Attorney Fulvio Sarzana, of Lidis law firm, was recently interviewed by Agenda Digitale to clarify the regulatory framework governing adult content platforms and digital sex work.
When Does It Become a Crime?
In Italy, the sale of sexual services online is not in itself a crime, but the exploitation of such services is. The Merlin Law (L. 75/1958) applies to the digital sphere as well: website operators, intermediaries, and anyone profiting from others’ services face criminal liability. Case law has further clarified that activities involving erotic webcams do not automatically fall under the definition of exploitation, nor do simple listings published on an online notice board.
The Line Between Lawful and Unlawful Digital Content
The law does not criminalize content itself, but specific behaviors: the online grooming of minors (art. 609-undecies of the Italian Criminal Code), any content involving persons under 18, the non-consensual distribution of intimate images, and sexual extortion — the latter being a crime even when it involves adults.
Platform Obligations
Adult content platforms are subject to specific administrative requirements: age verification for users, strengthened by the so-called Decreto Caivano, and advertising rules for influencers established by Agcom.
The full commentary by attorney Sarzana is available on Agenda Digitale.
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