“Digital violence leaves deep scars”

Minister, the debate around digital sexualised violence has recently gained significant momentum. Where do you currently see the biggest gaps in protection under German law? 

Pornographic deepfakes are currently one of the biggest problems. The internet is practically being flooded with them. Such images constitute a massive violation of personal rights and often cause great harm to those affected. Germany currently has no criminal provision that makes the creation and distribution of such deepfakes punishable. I want us to amend the Criminal Code accordingly. Another problem is voyeuristic image recordings, which can now be created very inconspicuously. These, too, are usually not punishable as things currently stand. I believe this should also be made a criminal offence. 

What exactly would your draft legislation change for victims, particularly with regard to pornographic deepfakes and other image-based assaults?

My proposal is for a new criminal provision that comprehensively covers image-based sexualised violence. It concerns the creation and distribution of sexualised deepfakes, rape videos and voyeuristic recordings, for example in saunas. It is also very important to me that we make it easier for all victims of digital violence to assert their rights. 

One frequent problem is identifying perpetrators online. What new powers should investigative authorities be equipped with in future?  

Of course, even the best criminal provisions are useless if perpetrators go unidentified. A major problem with crimes committed online is that the data needed to identify perpetrators is often not stored for long enough. IP addresses in particular are often the only trace perpetrators leave behind in the digital sphere. In future, internet providers should be required to store IP addresses for three months.  

What responsibility do platform operators and tech companies bear in dealing with deepfakes and digital violence?  

What matters is that we hold platform operators accountable. They don’t merely provide technical infrastructure – they bear responsibility, too. Operators earn large amounts of money from their platforms, so naturally they must be required to take action against the spread of illegal content and not simply allow their tools to become instruments of digital humiliation. The EU Digital Services Act and AI Act set out clear requirements here. Platforms must be aware: Europe is determined to ensure that democratically adopted rules are effectively enforced. 

The current draft legislation also responds to growing public awareness of the issue. How important is the public message that digital sexualised violence is being consistently prosecuted?

What concerns me is how many people are affected by digital violence. As a public prosecutor, I have seen the effects of violence first-hand. It leaves deep scars and often extends far beyond the moment itself. The underlying problem is a societal one – and an ancient one at that: the sexualisation of the female body has always served as a means of exercising power, too. Women are degraded into objects. All of us have a responsibility here: it is high time the fight against violence against women finally became a key issue in society and politics. The law against digital violence will help, but we all still have an important part of the journey to make ourselves. I hope that as many men as possible will also help drive this fight forward.