Germany: New Law to Combat Digital Violence Following Abuse Allegations

Germany’s Justice Minister, Stefanie Hubig, announced plans to swiftly introduce legislation aimed at bolstering protection against digital violence, a move welcomed by members of her own Social Democratic Party (SPD) as a necessary step to address legal shortcomings. The announcement comes amid mounting public scrutiny following allegations made by television personality Collien Fernandes against her former partner, actor Christian Ulmen.

SPD legal spokesperson Carmen Wegge told West German Radio (WDR) that Germany “is lagging behind” in its legal framework for addressing online abuse. “I am glad that we are now on the home stretch,” she said, referring to the impending legislation.

The debate was ignited by serious accusations leveled by Fernandes against Ulmen, initially reported by the German news magazine Der Spiegel. Ulmen’s lawyer, Christian Schertz, has preemptively announced legal action against the reporting, claiming it constitutes “largely inadmissible reporting of suspicion” and the dissemination of “untrue facts based on a one-sided account.”

Iris Spranger, Berlin’s Senator for the Interior, expressed her full support for Hubig’s initiative. “An effective digital violence protection law must close gaps in the Criminal Code,” Spranger stated. “Anyone who hunts, threatens, or degrades people online attacks their dignity just as much as on the open street. The state must react consistently, decisively, and with criminal consequences.”

The proposed legislation, stemming from a commitment made in the coalition agreement between the SPD and the Green Party, seeks to reform cybercrime laws and address loopholes, particularly concerning image-based sexual violence and the emerging threat of deepfakes. According to the coalition agreement, the reform will similarly address deepfakes.

Hubig indicated earlier this month that a draft bill would be presented this spring. The core of the proposal centers on accelerating the removal of degrading images from the internet and ensuring effective prosecution of perpetrators. In a video posted on Instagram by her ministry on Friday, Hubig confirmed the draft is complete and nearing final approval. She stated the draft will enter a coordination phase within the federal government next week – an internal review process before official introduction.

The legislation proposes criminalizing the creation and distribution of pornographic deepfakes. It also aims to empower victims to seek the suspension of accounts used to perpetrate such acts, with the potential for IP addresses to be stored for up to three months to aid investigations. Hubig explained that this data retention would be “very helpful” for law enforcement.

Deepfakes, which involve digitally manipulating videos or images to depict individuals in fabricated scenarios – such as inserting a person’s face into a pornographic video or artificially mimicking their voice – have develop into a growing concern.

A newly formed alliance, “Feminist Fight Club!”, has announced a demonstration against digital violence at the Brandenburg Gate in Berlin this Sunday at 4:00 PM. Organizers stated the demonstration aims to demonstrate solidarity with victims and highlight structural issues and legal gaps related to digital and analog sexualized violence in Germany. Collien Fernandes has publicly promoted the rally on Instagram.

As of Friday, the draft legislation remains within the internal coordination process of the German federal government, with no publicly announced date for its official presentation.

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