Online Body Shaming: análise de casos e prospecção de proteção

Abstract

Body shaming on the web and on social media is indeed a particular form of violence to the person, which targets the victim’s physical characteristics which therefore are disregarded and denigrated, often with the purpose of arousing in that person a sense of shame about his/her physical appearance.
The protection of rights on the web is one of the issues mainly animating the legal debate and at the same time a matter characterized by objective difficulties not only as regards the classification of concrete cases within traditional abstract patterns, but also due to the intrinsic characteristics of the network, obstacles to the creation of a real and effective protection. The non-territoriality of the internet, or as part of the doctrine prefers, its “Omni-territoriality”, sets serious problems about the identification of the competent court and applicable law, as well as the recourse to anonymity often makes it difficult, if not impossible, to detect the real identity of the authors of illegal behaviours on the network injuring the rights of third parties