CYBERFLASHING: TO BE CRIMINALISED OR NOT TO BE CRIMINALISED?
Vitalie STATI, Radu VLAS, Lia LUPU, Universitatea de Stat din Moldova
Abstract
The analysis of the legislation of the Republic of Moldova demonstrates that the act of cyberflashing involves
characteristics that are not necessarily present in the case of the acts provided for by the relevant criminal and contraventional norms in force. This denotes the presence of a lacuna in the legislation of the Republic of Moldova.
Cyberflashing violates the right provided by art. 28 of the Constitution of the Republic of Moldova and art. 8 of the
Convention for the Protection of Human Rights and Fundamental Freedoms, under the aspect of protection against
the violation of personal space. However, this act involves sending unsolicited information of a sexual nature to the
victim, which penetrates her / his private sphere without her / his consent. It is opportune to establish liability for
cyberflashing in the Criminal Code of the Republic of Moldova.
Keywords: cyberflashing, the intimate life of a person, the recipient’s consent, information technologies, information with a sexual nature, sexual violence, serious psychological harm.
