Il digital divide in carcere

The new Coronavirus pandemic wave calls for a more careful reflection on the issue related to the use of digital resources by inmates in penitentiary institutions. Restrictions on freedom of movement have had negative effects on inmates not only in terms of communication and information but also in terms of affectivity through family visits. The right to affectivity of inmates has been severely limited, not because of a concrete danger to security and crime prevention, but for the protection of health, on the basis of which the DAP circulars were adopted. The emergency regime, in order to make up for this deficiency, has expanded communication possibilities through video calls, via Skype, as well as through the telephone. In the pandemic era, the emergency legislator was able to guarantee to all prisoners, even those under special detention regime, through the Internet, not only the right to education and information, but also to affectivity. Paradoxically, however, the opening to wider telematic solutions has ended up accentuating the digital divide between prisoners belonging to different penitentiary institutions, since they are not all equipped with the same equipment and connections.