What the "My Wife" scandal teaches us (on a legal level)

The scandal surrounding the Facebook group "My Wife," where thousands of men shared intimate images of their partners without their consent, has shaken public opinion and sparked a fundamental debate: how can we protect victims of digital abuse? To shed light on this, we spoke with Marisa Marraffino, a Supreme Court lawyer and expert in cybercrime. Her analysis leaves no room for doubt: anyone who participates in this type of behavior can face very serious consequences. The legal framework is clear. " Anyone who takes photos or records videos of their wife or partner without their knowledge —perhaps inside their home—risks being investigated for unlawful interference in their private life , and in this case, also for the unlawful dissemination of intimate images ," explains Marraffino. "The penalty for a first offense alone can be up to four years in prison."

Even more serious is so-called revenge porn: the dissemination of intimate images by a partner or ex-partner. "The crime applies both to those who took the photographs and to those who shared them even though they didn't take them, and there is an aggravating circumstance if the acts are committed by the spouse, even if separated or divorced, or by the partner in general. And be careful: explicit images aren't necessary ; even intimate photos disseminated without consent fall fully within the scope of the crime."

What are the various digital crimes?

Lawyer Marisa Marraffino

Understanding the difference between various digital crimes is crucial. "Women shouldn't be afraid to file a complaint. Doing so as soon as possible is important to facilitate investigations," explains Marraffino. "Especially when it comes to revenge porn , it helps prevent any potential virality of content that may have been shared on other platforms in the meantime, even if the Facebook group has been closed."

When the unlawful conduct is repeated over time, the crime of online stalking can also arise because, according to legal theory, social networks are open to the public. "If the harassment is continuous and causes anxiety, fear, or changes a person's daily routine," explains Marraffino, "the criminal consequences are significant." And even a simple "like" on a piece of content is not harmless. "That gesture," Marraffino emphasizes, "can be criminally relevant because it encourages the person who posted the images and contributes to their dissemination."

Understanding the investigation process is essential. Many people think that a nickname or VPN guarantees anonymity, but this isn't the case. "The Postal Police has sophisticated tools and can track down those responsible. If Meta doesn't cooperate, it will be possible to identify the perpetrators even through the seizure of cell phones and computers," explains Marraffino. There are concrete examples. In 2017 In Lecco, a man created a veritable catalog of single women , collecting over 1,200 photos from Facebook. He was convicted of aggravated defamation and unlawful processing of personal data, and the Supreme Court upheld the conviction in 2023. "That case taught us something fundamental," the lawyer emphasizes, "the women were united in reporting, and that was decisive. This is the path we must follow."

Institutions and digital platforms play an important role in protecting victims. The Italian Data Protection Authority can order the closure of groups, judges can immediately block the dissemination of content, and victims have the right to seek compensation. However, social networks do not yet have a true general obligation of oversight : they must remove content only when they become aware of it. If they fail to do so, they may be held civilly liable. The new Digital Services Act strengthens these obligations, requiring platforms to periodically assess risks and adopt preventative measures. "Too often," Marraffino emphasizes, " social networks fail to provide user data, especially in cases of online defamation, and many proceedings end up dismissed. Rules are needed that oblige platforms to collaborate more quickly, including preventive measures. Pornographic content should not circulate so easily on social networks."

The problem isn't just legal: it also has a strong cultural dimension. "Many women don't report it out of fear of retaliation or shame," explains Marraffino. "But they shouldn't be ashamed : the perpetrators of these abuses are always to blame. Without the victims' courage, we wouldn't even have laws like the one on revenge porn." Accessibility to justice also complicates matters. "Legal costs often discourage women from filing civil lawsuits in many cases," adds the lawyer. "However, women can team up and file a lawsuit together, as happened in the catalog case. Already 2,800 women have filed complaints; this could become the largest cyber violence-related trial in Italy."

New technologies are making matters even worse. " Deepfakes —videos or images manipulated by artificial intelligence—are already a reality," explains Marraffino. "A law is being discussed to introduce specific crimes, but already today, anyone who spreads this content can be prosecuted for defamation, impersonation, or, in the most serious cases, virtual child pornography." And, let's be clear, nothing changes if the victim is a public figure. "Even well-known people have the right to their privacy. In fact, when they report it, they help raise awareness and protect others."

Looking to the future, Marraffino identifies several key priorities: extending the crime of revenge porn to include manipulated content, requiring social media to provide data within 48 hours, and making justice more accessible to all victims. "The Mia Moglie case shows us that strict laws aren't enough," the lawyer emphasizes. "We need rapid enforcement, effective tools, and, above all, a cultural shift: we must recognize the gravity of digital abuse and treat it as true crimes against human dignity."

This story isn't just a legal story. It's a reflection of our times: on the one hand, it shows the brutality with which women's privacy can be violated online, and on the other, it highlights the shortcomings of a system that struggles to guarantee protection. The challenge isn't just for the courts, but for how, as a society, we recognize and defend the freedom and dignity of every woman. There's still a long way to go.