The legal framework surrounding digital violence remains inadequate, according to German actress and television host Collien Fernandes. Speaking on the ARD program Caren Miosga, Fernandes highlighted existing loopholes in the law and called for stricter penalties and improved training for law enforcement officials. Federal Minister of Justice Stefanie Hubig (SPD) discussed the contents of her draft legislation addressing the issue, and announced plans to expand the criminalization of “deepfake” content within the proposal.
The issue has gained increased attention following Fernandes’ public accusations of years of sexualized violence against her ex-husband, Christian Ulmen. Fernandes detailed the allegations, prompting a response from Ulmen’s lawyer who stated the claims were a one-sided and inaccurate portrayal of events.
Germany as a “Haven for Perpetrators”
Fernandes criticized existing legal gaps in Germany during the broadcast, arguing that the dissemination of secretly obtained intimate images and deepfakes – artificially intelligence-generated intimate content – should be punishable offenses. She noted that her own case wouldn’t be covered by the proposed revisions to the legislation. The current plans do not address the distribution of real images – for example, those of a pornographic performer – on a social media profile under another person’s name, creating the false impression that the profile owner is the subject of the image.
Fernandes pointed to legislation in Spain as a potential model. She explained that in Spain, there’s an effort to address the misconception that domestic violence occurs solely within the home and is a private matter. “What is criminally relevant can no longer be considered private,” she said, describing programs aimed at mediation and intervention.
Last week, Fernandes described Germany as a “haven for perpetrators” in relation to violence against women during an appearance on the ARD tagesthemen news program. Responding to a question from Miosga, she shared accounts from other victims who reported their cases were dismissed due to a lack of severity. She argued that dismissing such experiences sends a damaging message to survivors: “that what happened to you is considered insignificant.”
Fernandes also called for training for law enforcement personnel handling reports of abuse, as well as educational programs in schools. She explained that in Germany, domestic violence is legally categorized as bodily harm, giving victims only three months to file a report. She argued this timeframe should be extended.
Hubig Acknowledges Need for Improvement
Minister Hubig acknowledged the existence of legal gaps in protecting against digital violence, stating that enforcement also presents challenges. She referenced the coalition agreement between the SPD and CDU, which committed the parties to advancing digital violence protection. According to Hubig, the relevant draft legislation is complete and currently under review by various ministries.
Hubig declined to comment on Fernandes’ specific case, citing her role as Minister of Justice and the need to avoid commenting on ongoing investigations. However, she stated that the draft legislation would explicitly criminalize the creation of pornographic deepfakes, such as AI-generated fake sex videos. For non-pornographic deepfake content, the draft proposes criminalizing its dissemination. Hubig emphasized that the goal is not to restrict freedom of expression, “but to criminalize what is truly defamatory and degrading.”
Hubig indicated a need to further refine the draft legislation, suggesting that even recognizably altered videos – for example, those marked with a watermark – should be criminalized. She also announced a separate draft law concerning IP address storage, intended to help identify perpetrators hiding behind anonymous profiles. A mandatory real-name registration for internet users, however, was deemed “not the right approach” for law enforcement.
Criticism of Friedrich Merz
The issue gained political prominence following a report in Der Spiegel regarding the allegations against Ulmen. Guests on Caren Miosga criticized a statement made by Chancellor Friedrich Merz during a parliamentary inquiry, in which he linked digital violence to immigration. “I believe we need to talk about violence against women – regardless of social class, origin, or religion,” Hubig stated.
Theresia Crone, an activist and survivor who appeared on the program, said Merz’s comment felt as though her experience of violence was being used as a political tool. “To narrow the issue in this way, especially in a case involving an accused named Christian, is truly shameful,” commented Ronen Steinke, editor-in-chief for legal policy at the Süddeutsche Zeitung.
Hubig stressed the need for both political action and a shift in societal awareness. She noted that with a reporting rate of less than ten percent, training for police and the judiciary is crucial, but also that “a change in awareness is needed within society.”
The debate surrounding digital violence and the legal protections available to victims is ongoing. The proposed legislation represents a step towards addressing the gaps in the current framework, but advocates emphasize the need for continued vigilance and a commitment to supporting survivors. The draft law is expected to continue through the legislative process in the coming months, with further revisions possible before a final vote.
If you or someone you know is experiencing domestic violence or sexual assault, resources are available. In the US, you can contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or visit thehotline.org. For international resources, please visit RAINN’s international resources page.
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