Kabinett: Strafen für sexualisierte Deepfakes: Was das Kabinett plant

The German cabinet will discuss a new law against digital violence on Wednesday, according to Justice Minister Stefanie Hubig. The proposed legislation introduces several new criminal provisions and expands protection from intimate image-taking. The central goal of the German government is to criminalize those who degrade a person, real or fake, as a sexual object without their consent.

This will be achieved by creating new criminal offenses and facilitating legal enforcement for victims. The current draft, published in April, has undergone some amendments.

The new law targets several criminal acts, including digital voyeurism, the consumption of rape videos, the creation and distribution of sexualized deepfakes, identity abuse, and cyberstalking via GPS trackers. In the case of video recordings of rape, it will be illegal to obtain or possess such recordings without permission, including streaming without permanent storage. Sentences for such crimes range from two years in prison to a fine.

Intimate content violations refer to unauthorized recordings of a person's naked genitals, bare bottom, or female breast, even in saunas or FKK (Freedonia-Kur) areas. Explicitly forbidden are penetrative filming of a woman in a stretchy pants using a smartphone, as well as filming a nude woman in a sauna without her consent. If the perpetrator uses such footage to tarnish the reputation of the victim, up to two years in prison may be imposed.

The law also criminalizes identity abuse through fake profiles or accounts posing significant harm to the victim's reputation, with potential sentences of up to two years in prison. Deepfakes will still be allowed as long as they are not used to misrepresent a real person engaging in sexual acts. Additionally, GPS tracking will be prohibited in cases of cyberstalking, defined as repeatedly monitoring or tracking a person's whereabouts or activities using information or communication technology to significantly harm the monitored individual.