What would be justice for Tiziana Cantone?

[LSN80]

http://www.cnn.com/2016/09/16/europe/tiziana-cantone-sex-tape-suicide/?iid=ob_lockedrail_bottomlist

Four days ago, 31 year old Tiziana Cantone of Naples, Italy committed suicide by hanging herself in her aunt's home. The catalyst for said event was a high-profile sex tape she had made going viral without her consent. In this case, it was watched by over a million viewers, and a remark she made to her lover when she saw he was filming("You're filming? Bravo!") became a hot merchandise seller, being printed on T-shirts, smartphone cases, and coffee mugs. Cantone was so embarrassed that she quit her job and moved, and attempted to change her name as well.

In 2013, the European Union enacted a law called the "Right to Be Forgotten." Basically, the law says that anything inaccurate, irrelevant or excessive regarding a person can be court ordered to be removed online. After a lengthy battle in court, Cantone won the right for her sex tape to be removed from all online media. However, this was after several months of battling, millions of views, and over 20 grand in court costs for Cantone. The financial strain was reported to be the tipping point, the final insult that lead to her committing suicide.

Her mom spoke to CNN at Tiziana's funeral, and asked Italian authorities to act so that her daughter's death wouldn't be in vain. Specifically, against the four people responsible for the explicit tape being uploaded online. Cantone sent the sex tape to several friends, and a few of them made it public without Tiziana's consent. This began the months of heartache for Cantone that ended with her suicide on Tuesday. And while the heartache may be over for Cantone, it's not for her family.

What can be done in this situation? Prosecutors are considered filing defamation charges against these four individuals, which unlike in the United States and Canada, is a criminal offense. It is usually enforced against journalists who make inflammatory remarks against national leaders, with punishments ranging anywhere from six months to three years.

My question is this: Would this be a just outcome? Depending on how you see the situation, the actions of these four individuals destroyed this young woman's life, and indirectly caused her suicide. Of course, it could be argued that while what these individuals did was cruel, their actions may not have been criminal. Italy's Prime Minister Matteo Renzi was asked about what action could be taken, and this was his response:

"As a government, there's not a lot that we can do. It's mainly a cultural battle -- also a social and political battle. Our commitment is try to do everything we can. ... Violence against women is not an ineradicable phenomenon."

It's an interesting case, and a sad one. I find it particularly intriguing that Renzi made an inference to this being a case of "violence against women." When one thinks of violence, the mind tends to focus on the physical. But bullying-this of the online variety- could very well be classified as 'violent behavior'. And while I'm not discounting the fact that Tiziana was incredibly foolish in sending the sex tape to friends, she obviously believed she could trust them.

And they betrayed her trust in the worst possible way.

What would be a just punishment for those who distributed the tape online without Tiziana's permission? Should this be a criminal matter at all?

Would you consider what was done to Tiziana to be a form of violence?

 

[Dan Severn's Moustache]

What would be a just punishment for those who distributed the tape online without Tiziana's permission? Should this be a criminal matter at all?

I think the most important thing to do in this situation is look at it from the very beginning. The sole act of making a sex tape is an extremely risky venture that needs to be thought out and assessed before it is actually undertaken. Granted, these tapes are often made out of passion, and not rational thought, but in order for a human mind to work at its best, it must adopt a wise mind; with both emotional and logical reasoning. This is something that makes us different from any other form of life; animals cannot think logically, and machines cannot think emotionally.

What's more, you need to be absolutely certain about who you send this to. I don't believe Tiziana was famous, so I can't imagine anyone possessing the foresight to see the escalation of her tape to the magnitude it has, but such faith in someone requires certainty. And even then, I believe there are some things that are perhaps best kept to yourself and no-one else. Media of yourself in particularly sexual situations are one of them to me personally.

So, Tiziana made a mistake. A huge mistake. And unfortunately, the only way she was going to realise that she made such a huge mistake was for a severe outcome. But we all make mistakes. Multiple, huge mistakes throughout the course of our lives. Granted, not nearly on the same magnitude is Tiziana's mistake, but I'm not trying to demonise her for this as we all make mistakes, it is in our human nature.

But what her "friends" did is absolutely deplorable. Whether there was malice of intent or not, ignorance is not a justification for a mistake of that scale. It is not only a betrayal of trust, but also considered a form of libel, which, as aforementioned, can be punishable under European Union law. Which I agree with, as acts as confidential and sacred as those performed sexually deserve preservation and respect, and, so long as no-one is getting hurt physically or mentally, should also not be used as a means to judge people. And doing otherwise feeds into the societal outlook and construct of obsession with sex scandals, a matter which deserves privacy. As well as considering the trauma of the victim of such an act.

So yes, it should be a criminal matter. As for the punishment, I can't exactly say, I'm not a judge and I don't know the specifics of what all four of these people contributed to this case. But if they are found guilty, then I have faith in the judicial system to distribute a just punishment for these individuals.

Would you consider what was done to Tiziana to be a form of violence?

Absolutely. Violence extends beyond physicality. The mental well-being of an individual is just as important as the physical, the difference being that the mental well-being is a little easier to defend and condition from offences. But both are required to be healthy for a healthy life. And attempts to undermine either or should be considered an act of violence.

On an unrelated note, it's good to see you back, LSN. You always posted top-quality threads on a consistent basis in the Symposium and this is no exception.

 

[CyberPunk]

I read this story some time ago at a different place. It stated that Tiziana had sent this tape to 5 people, including her ex. It was then circulated on whatsapp before it became viral. It said the ex circulated the video.

What I've read online is that people are divided on this. On one hand, people say that she was the victim. On other, a lot of them say it was extremely stupid of her to send it to her ex of all people. The worst part of this is the joke she became. From memes to adverts to famous personalities, all became a part of this joke. Some even got tattoos of the famous tag line of the video. Who's at fault then? Was it shitty of her to send the video to her ex? Was it ex's fault to circulate it on social media? There's so much we don't know because the CNN article doesn't provide all of it.

 

[ShinChan]

Question: What would be a just punishment for those who distributed the tape online without Tiziana's permission? Should this be a criminal matter at all?
Answer: I don't know if there's some article in law acknowledging this as a criminal offense. But I do know that it's a criminal offense. I'm judging only on the basis of OP. So I strongly believe that the defaulters should be given a significant amount of sentence to the prison. It was serious crime and exposes the real dangers of the internet. She did commit a mistake though and had to pay big time for it.

Question: Would you consider what was done to Tiziana to be a form of violence?
Answer: Yes. Violence isn't only physical. It can be mental as well. Just like a person who's physically healthy isn't enough. Rather, he should be healthy both mentally and physically.