Il caso Vogue. Libertà di espressione e tutela del minore: quale confine? di Luciana La Banca
Abstract – What are the limits that freedom of expression is required to observe? Are these only the limits precisely specified by the legislator? On the other hand, are there tacit limitations whose clear identification implies to overtake the legislative requirements and use hermeneutic criteria? The case Vogue Paris provides an opportunity to reflect on the difficulties raised by the definition of “child pornography” (article 600 ter cod. pen.), such as those situations that, although partially deviating from the normative paradigm, endanger the sexual freedom of minors. The line between freedom of press and children’s rights violation cannot be drawn a priori and made unchangeable. Its determination requires the interpreter to carry out a delicate and cautious balancing of the interests involved, carefully focusing on the peculiarities of the specific case and the characteristics of legal system as a whole.
Keywords – Freedom of expression, limitations, child pornography, interpretation, balancing.