Protection against digital violence: draft in the pipeline
Better legal protection against digital forms of violence is coming very soon. The debate has been ongoing for several years.
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There should be better protection against digital forms of violence in the future. The draft law is “almost ready,” explained a spokesperson for the responsible Federal Ministry of Justice and Consumer Protection, which regularly deals with topics of network policy, at noon in Berlin. The core of the initiative involves two different strands: In a criminal law part, the creation of deepfake pornography, among other things, is to be punishable, and further forms of digital violence are to be sanctioned.
This is also intended to have a preventive effect: “We want to ensure that perpetrators can no longer feel safe,” said Federal Minister of Justice Stefanie Hubig (SPD) earlier in the morning on RTL/n-tv. “We can no longer stand by and watch deepfakes being used as a weapon against women,” demands Anne König (CDU), spokesperson for family and women's policy for the CDU/CSU parliamentary group. “Anyone who violates the sphere of intimacy must feel the full force of the law.”
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The previous federal government already discussed a digital violence protection law in 2023, but no concrete legal text has been produced so far. In addition to the criminal law enhancements, the draft will now also strengthen civil law options for those affected: For example, the right to information from platforms regarding users is to be more enforceable when it comes to violations of personality rights. Since corporate criminal law is not provided for in German law, the likely upcoming proposal also contains no corresponding norms that would, for instance, criminally sanction assistance in the creation or distribution. Federal Minister of Justice Stefanie Hubig also supports EU initiatives to prevent the European legal generation of sexualized deepfakes by imposing requirements on providers. Chancellor Friedrich Merz (CDU) supports the initiative, said the deputy government spokesperson at noon in Berlin.
Current Case Fuels Action
While platform regulation is comprehensively regulated at the EU level, criminal law has always remained the responsibility of member states. The Digital Services Act, for example, refers to national criminal offenses, which have been lacking in Germany for certain types of offenses until now. Affected parties could therefore only try to enforce their rights through civil law, have content removed, and demand compensation from perpetrators – a complex procedure that imposes enormous burdens on victims. For perpetrators, in cases of massive violations of personality rights, the option of forcibly blocking their accounts on platforms is also to be created. This could have a deterrent effect, especially for high-reach profiles, according to hopes at the Ministry of Justice.
Currently, the consequences and perpetrators of digital violence are being discussed due to allegations raised by actress Collien Fernandes against her ex-husband Christian Ulmen. In Spain, where Fernandes has now filed a criminal complaint, the criminal law legislation on forms of digital violence is much more comprehensive than in Germany. Better protection against analog violence is also currently being discussed in institutions and includes, among other things, the electronic ankle monitor as a possibility for monitoring restraining orders.
(kbe)
