Federal Cabinet is introducing better protection against digital violence

The black-red federal cabinet has passed a bill against digital violence. This provides for several new criminal provisions. The aim is to better protect people from image-based sexualized violence such as rape videos, sexualized deepfakes or secretly made, intimate recordings - for example in the sauna. Secret recordings of clothed, intimate parts of the body should also become a criminal offense if it is an obviously sexualized representation.

Other planned changes relate to so-called identity abuse, for example via fake profiles, and cyberstalking with the help of satellite-based trackers. The Bundestag is still deciding on the draft.

Hubig: “Digital violence is like a wildfire”

The plans of Federal Justice Minister Stefanie Hubig (SPD) stipulate that those affected should be able to defend themselves more easily in court and, for example, have their accounts blocked. “Digital violence is like a wildfire,” said Hubig. Sexualized deepfakes and voyeuristic recordings circulated millions of times online, and even videos of rape were shared. "We can't accept that."

Digital violence can have just as bad consequences as physical violence. Because it is particularly often directed against women, a “determined fight” against it is also a question of equality. The law against digital violence will end “impunity for perpetrators in the digital space”.

The Fernandes case had drawn attention to digital violence

If the draft were to pass the Bundestag, “communicating under a fake profile of a real person that is damaging to reputation” would also be explicitly punishable in the future. The experiences of actress and presenter Collien Fernandes were probably also incorporated into the proposed law.

Fernandes has been making public accusations against her ex-husband Christian Ulmen for some time, which were first reported by Spiegel. In addition to physical assault, she accuses him of creating fake profiles in her name and using them to distribute pornographic images. Ulmen denies the allegations and is presumed innocent.

However, a law against digital violence had already been agreed in the coalition agreement before this high-profile case became known.

Association of judges warns of deficit in enforcement

The German Association of Judges explained that it was not enough to just tighten the law in the fight against digital violence. “If the constitutional state wants to keep its promise of protection, the federal states must end the personnel misery of the chronically overburdened criminal justice system,” said Federal Managing Director Sven Rebehn.

The right to information for those affected also depends on its enforceability. This requires more judges and storage of Internet addresses.