Bundesjustizministerin Stefanie Hubig (SPD) plans to introduce three new articles to Germany’s Criminal Code in order to tackle digital violence. According to a draft law quoted by “Bild” in its Saturday edition, the measure would impose a prison sentence of up to two years for anyone who creates or distributes defamatory deep‑fakes – for example, fabricated pornographic material. “Pornographic deep‑fakes are a particularly violent form of digital abuse” Hubig told “Bild”. “They demonstrate how treacherously new technologies can be misused to shame, humiliate, intimidate and exercise power”.
The draft also sets a maximum two‑year penalty for those who secretly photograph or digitally produce a sexualized image of another person, or who make such an image available to a third party. This provision would cover acts such as covert “upskirting” – photographing under a garment without consent.
In addition, covert digital surveillance that could seriously harm the victim will be punishable by up to two years in prison. The legislation is scheduled to be coordinated with the chancellor’s office next week, with the cabinet expected to adopt it in the spring. Hubig emphasized that digital violence is as brutal as physical violence, underscoring that no distinction should be made between analogue and digital aggression: “Every assault is one too many”. She also described the problem as a societal challenge that must be tackled together.
