Legal options
If images or other content about you which you have not authorised to be published are circulating on the internet, it is important to act quickly. Taking civil action against the culprit and the platforms can help; it is possible to assert your data protection rights against the platforms concerned. Image-based violence often also constitutes a criminal offence. However, reporting it to the police and court proceedings can be very distressing. A specialist counselling centre can help you decide whether and how to take legal action against the non-consensual dissemination of images. It is advisable to consult a lawyer before taking legal action.
Image-based sexualised violence and criminal law
Even if you have consented to intimate photos or videos being taken, or you have sent pictures or recordings of yourself, they may not be shared or published without your consent. The same applies to any fake content in which your face can be recognised.
Sharing pictures or recordings against the will of the person portrayed is a punishable offence, and is regulated in both the German Artistic Copyright Act (§33 KUG) and the Criminal Code (§ 201a StGB). Consent to the picture or recording being taken never automatically implies permission to share these images.
Even if someone merely threatens to publish the pictures or recordings but has not yet done so, this can constitute a criminal offence. The statutory offence of coercion is regulated in the German Criminal Code under § 240 StGB.
Pictures or recordings of you may not be made without your prior consent. If this does happen though, e.g. through a manipulated webcam or a hidden camera, your "most personal sphere of life" is being violated (§201a StGB).
In terms of fake content, the following applies: To date, there has been no comprehensive regulation in German criminal law for both the production and distribution of sexualised deepfakes. However, an EU directive has now ordered Germany to make up for this.
Image-based sexualised violence and data subject rights according to the General Data Protection Regulation
According to the General Data Protection Regulation (GDPR), your face may only be processed (e.g. published) if you have expressly given your permission.
If content from you is published online without your consent, the GDPR can serve as a tool to defend your rights. The rights of data subjects contained therein, such as the right to rectification, erasure or restriction of processing (Art. 16-18 GDPR), must be asserted in writing before the data protection officer of the respective platform.
Here are some options for contacting the data protection officers of major platforms:
Image-based sexualised violence and civil law
Civil action can be taken against offenders and against platforms if, for example, they do not comply with erasure requests. Actions that are not punishable by law can thus be prosecuted, and claims for prohibitory injunctions and damages can be filed. Civil law remedies include warnings, undertakings to desist from unlawful activities, coupled with a penalty clause, injunctions and proceedings on the merits/legal proceedings.
Civil legal action against the perpetrator cannot be taken anonymously – the name and address of the perpetrator must be known, and the identity of the person affected must be disclosed to the perpetrator. In addition, civil proceedings entail a certain financial risk. If you are unsuccessful, you will have to pay the opposing party's legal fees.
If you are considering taking legal action, we advise you seek legal advice first. Lawyers can help you press criminal charges or initiate a formal demand to prosecute the offender or take civil action, such as warnings, prohibitory injunctions, injunctions, etc. These lines of action often involve incurring costs. Women's counselling centres will provide you with information on how you can find legal advice at a reasonable price, e.g. by applying for legal aid.