The Protection of Children against Cybercrimes and Cyberbullying: International and European Obligations to Criminalize and the Uncertain Prospects of their Implementation in the Italian Legal System

The increasing use of the internet by minors has made public the risk they run of becoming victims of serious cyber-crime. This awareness has led to the adoption of binding and soft-law instruments in the field of International and EU law aimed at combating new forms of crime and protecting minors in the cyberspace. This paper, after having critically analysed the main acts adopted at International and EU level, focuses on their implementation in the Italian legal system. In doing so, cybercrimes committed by adults against children and those committed among peers will be separately considered. The study shows that, despite the legislator’s attempt to carry out the obligations deriving from International and EU Law, there are still several critical profiles in the national law.