The CGPJ approves the report that positively values ​​the law for the protection of minors in digital environments

The CGPJ Plenary considers “very positive” the introduction into the Penal Code of the prohibition of access or communication through social networks, forums, communication platforms or any other virtual space. The draft also provides for the possibility for the judge or court to suspend the prison sentence, in those cases in which it is feasible, prohibiting access or communication through digital environments.

In this sense, the report warns of the convenience of establishing this prohibition as mandatory (and not optional) when it is a substitute for the prison sentence, as well as communicating it to the State Security Forces and Corps so that they can monitor its compliance. It also suggests the possibility that it could be adopted as a precautionary measure.

But the ruling draws attention to the absence of a specific provision on the full reparation of damage when the crime is committed through social networks, forums, communication platforms or any other virtual space. It points out that the “fingerprint” of the effects of criminal behavior constitutes a “damage multiplier factor.”

The report also positively values ​​the inclusion of deepfake as a crime, complying with the mandate contained in Directive (EU) 2024/1385 of the European Parliament and of the Council on the fight against gender violence and domestic violence. However, it suggests the inclusion of an aggravated subtype when the victim is a minor or a person with a disability or when the perpetrator is the spouse or a person linked to the victim by a similar emotional relationship.

The Plenary also highlights the reform of the Penal Code to include a series of aggravated types related to the use of false identities as a means to facilitate the commission of crimes against minors or people with disabilities. “These are situations in which, through these false identities, an attempt is made to attract the minor or the person with a disability to gain their trust, friendship or, ultimately, establish some type of connection with them that paves the way for the commission of the crime,” underlines the report.

The CGPJ also warns that the projected norm presents significant deficits in precision and legal certainty with respect to the standard set by constitutional jurisprudence for legal norms enabling restrictive measures of fundamental rights. The report points out, in this sense, that the principle of protection of children and youth referred to is “a purpose that is too general to meet the constitutional requirements of clarity and precision to make foreseeable the cases in which the “CNMC may agree to any of the measures to restrict information society services.” Thus, the report suggests a definition in precise and clear terms of the budget that enables the CNMC to agree on any of the measures, subject to judicial authorization.

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