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To date, there is no blanket ban in Germany on owning, producing or passing on videos of rape. Criminal liability currently depends on the specific content, the circumstances of the recording and the recipient.
Possession, production and distribution of rape videos should in future be criminalized. This emerges from a draft law that the cabinet is discussing this morning. The law against digital violence from Federal Justice Minister Stefanie Hubig (SPD) also includes criminal provisions for identity abuse - including sexualized deepfakes that are produced and distributed without authorization. Sexualized deepfakes are manipulated images or videos that appear to show a person naked or engaging in sexual acts.
To date, it is not a blanket ban in Germany to own or even produce videos of rape. Sharing such a video is not automatically a criminal offence. For example, it currently depends on what exactly can be seen, how and where it was filmed and who gets the video.
According to the draft law, anyone who takes photos of another person's unclothed genitals, naked buttocks or female breasts or distributes these intimate images without permission should also expect to be punished in the future. The criminal liability for so-called digital voyeurism should apply regardless of whether the unauthorized recording was made in a public place, such as a sauna or a nudist beach, or in private rooms.
This article will continue to be updated.
AI outlook — possibilities, not facts
The draft law is being discussed by the cabinet and could be introduced in the Bundestag in the coming weeks.
Likely · Within weeks

The federal government has presented a draft law that would criminalize the unauthorized production and distribution of sexualized deepfakes and secret, intimate images. Those affected like Yanni Gentsch and Anne report on their experiences and see the law as an important step against impunity in the digital space.

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