LA CYBERVIOLENZA DI GENERE NEL RAPPORTO FRA LA DIRETTIVA 2024/1385 E GLI ALTRI STRUMENTI DI DIRITTO DELL’UNIONE EUROPEA

The aim of this contribution is to address the provisions of Directive 2024/1385 on the issue of cyberviolence by comparing them with other existing and future instruments of the EU law, in order to assess whether and how the Directive is to be in continuity and coordination with these instruments and whether the joint work between them can represent a satisfactory result for protecting against gender-based cyber violence. To this end, we will focus on the existing instruments such as the Audiovisual Media Services Directive (Directive 2010/13), the Digital Services Act and the AI Act, as well as on the GDPR. As regards the instruments currently being reviewed the paper will examine Directive 2011/93 on combating sexual abuse and exploitation of children and child pornography, without neglecting the reference to soft law instruments. With reference to the behaviors covered by the VAW Directive, the chapter will delve into hate speech on the basis of gender and the so-called deep fake. It will also address the importance of preventive measures in the VAW Directive and then conclude with some observations on the need for greater coordination between present and future legal instruments.