Stepping Up Fight Against Deepfakes and Revenge Porn: A focus on Germany
Enhanced safeguards to combat deepfake content and revenge porn urged for increased privacy and security. - Urge to strengthen defenses against manipulated media and intimate image misuse
Germany, specifically Lower Saxony, is taking a stand against the online distribution of fake pornographic images, including deepfakes. These manipulated images often depict women in sexually explicit videos without their consent, using AI technology. At the Justice Ministers' Conference beginning this Thursday in Bad Schandau, Saxony, Lower Saxony will argue for stricter laws to combat this alarming issue.
Though the Bundesrat passed a bill to protect against deepfakes last year, initiated by Bavaria, the previous parliament failed to discuss it. The current proposal focuses on digital forgeries, according to Lower Saxony’s Minister of Justice, Kathrin Wahlmann (SPD). However, multiple legal loopholes persist, including those around the publication of personal data or secret photography in public places like saunas or swimming pools.
The Broad Impact on Young Women
"Image-based sexual violence is rampant online," says Wahlmann. Young girls and women are often victims of revenge porn or sextortion - extortion with nude images. Public humiliation frequently leads to severe consequences for victims, from fear and social isolation to suicide in extreme cases. to show unwavering resolve in combating every form of image-based sexual violence."
The Evolving Legal Landscape
Germany's current legal framework includes provisions that can apply to deepfake-related offenses, such as the violation of personal privacy under § 201a StGB. The right to one's own image also plays a role in these cases. However, the German Women Lawyers’ Association (djb) advocates for a dedicated criminal offense for the unauthorized creation and dissemination of sexualized deepfakes[1].
Despite these efforts, legal developments often lag behind technological advancements. Moreover, many deepfake cases go unaddressed due to legal gaps and the anonymity of perpetrators. To address this, there is an urgent need for further training for police, the judiciary, and specialized prosecutors to handle these complex cases effectively[1].
International Efforts
EU directives also impact Germany's legal landscape. The Digital Services Act requires platforms to remove reported illegal content, including deepfakes. Nevertheless, its impact on combating deepfakes is uncertain[5]. The EU AI Act mandates transparency by requiring the labeling of synthetically generated content, but deepfakes are classified as "limited risk" AI systems[5].
The EU is also working to criminalize the non-consensual dissemination of sexualized deepfakes across Europe, with member states, including Germany, needing to incorporate these rules by 2027[1].
A Role for the Conference of Ministers of Justice
While there is no specific mention of the Conference of Ministers of Justice in the current context, it typically plays a crucial role in coordinating legal policies and reforms across German states. The Conference would likely be involved in implementing EU directives and national legislation regarding deepfakes and image-based sexual violence, ensuring consistency and effectiveness in enforcement.
Looking Ahead
Future action should focus on enhancing legal frameworks, providing specialized training for law enforcement and judicial personnel, and collaborating with EU bodies to ensure compliance with regulations and directives aimed at combating deepfakes effectively. However, specific measures proposed by Lower Saxony for addressing deepfakes and image-based sexual violence remain unclear[1].
- To strengthen the fight against deepfakes and image-based sexual violence, employment policies need to be implemented for specialized training programs for police, the judiciary, and prosecutors, addressing the urgent need to handle these complex cases effectively.
- In line with health-and-wellness and general-news agendas, science must advance in developing tools and techniques to detect and prevent deepfakes, ensuring the authenticity of digital content in the realm of employment, community, and overall public interest.
- The employment policy of legislators in the Conference of Ministers of Justice should be geared towards the efficient implementation of EU directives and national legislation on deepfakes and image-based sexual violence, ensuring consistency and effectiveness in enforcement.
