German Government Advances New Law to Combat Digital Violence
The German federal government has introduced a legislative package designed to strengthen legal protections against digital violence, focusing on both criminal sanctions and civil enforcement. Key provisions include the criminalization of non-consensual deepfakes and the facilitation of content removal for victims. The bill faces criticism for its inclusion of mandatory data retention measures, specifically for IP addresses, as a means to identify perpetrators. Criminal Code Updates Image-Based Violence: Producing or sharing non-consensual sexualized images, including deepfakes, will be a punishable offense. Sexual Violence Media: The possession and intentional viewing of rape videos are now explicitly criminalized, punishable by up to three years in prison or fines. Voyeurism: The law expands the scope of illegal voyeurism to include sexualized close-ups of body parts, even when clothed, in public or private spaces like saunas or changing rooms. Identity Theft: Operating fake accounts with the intent to significantly damage a person's reputation is now a distinct criminal offense. Civil Rights for Victims Access to Information: Victims can request courts to order platforms and messaging services (including WhatsApp, Telegram, and Signal) to disclose the real names and addresses of anonymous perpetrators. Content Removal: A new right allows for the court-ordered deletion of specific illegal content independent of whether the perpetrator's account is suspended. Critiques and Concerns Data Retention: The government’s plan to mandate the storage of IP addresses for three months as a preventive measure is widely criticized by privacy advocates as a disproportionate form of mass surveillance. Structural Limitations: Experts from groups like the German Women Lawyers Association argue the law fails to address the structural roots of digital violence and lacks sufficient focus on prevention and specialized training for law enforcement. Missing Provisions: Civil rights groups, including the GFF, have criticized the lack of legal standing for organizations to sue on behalf of victims and remain concerned about the lack of separation between information disclosure requirements and broad data retention policies.
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