Giovanni Tuzet

Harassing analogies? Social networks and criminal law

  • Abstract

Informations and abstract

Keywords: Analogy; Communication; Criminal Law; Extensive Interpretation; Social Networks.

Starting from some remarks on the legal aspects of communication via social networks, the article deals with the (analogical?) extension of certain legal norms, designed for traditional communication, to communication through social networks. In particular, can a norm on harassment “in a public place or open to the publicµ be extended to social media communication? The legal problem with this is that our legal system forbids the analogical extension of incriminating norms, while their “interpretiveµ extension is not prohibited. The article presents an argument in favor of this second type of extension.

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