Criminal Liability for AI Revenge Porn and Deepfakes in Germany

The distribution or manipulation of intimate images without consent is a serious criminal offence in Germany. While traditional cases of revenge porn are already punishable, deepfake pornography and other AI-generated content create new legal challenges. Many victims struggle to prove that images have been manipulated since AI can generate highly realistic deepfakes from publicly available photos or videos, even when no authentic, intimate images of that person exist.

Seeking legal protections against AI-generated revenge porn in Germany can be complex, especially for internationals. German law offers some safeguards, but enforcement is difficult when perpetrators act anonymously and content spreads across platforms and messaging services. Even when social networks remove reported content, it often resurfaces elsewhere, sometimes on servers outside Germany’s jurisdiction.

Despite these challenges, legal action is possible. Victims can pursue criminal charges, demand content removal, and seek damages for emotional distress. EU regulations such as the Digital Services Act (DSA) and the AI Act have also introduced stricter obligations for platforms and AI developers, making it harder for illegal content to spread unchecked. Taking swift legal action is crucial to protecting your rights if you are affected.

The main legal provisions to be aware of in matters relating to AI-generated deepfakes include the following:

• Violation of privacy through image recordings (§ 201a StGB) – Prohibits the unauthorised creation or distribution of recordings that invade privacy.
• The right to one’s own image (§ 22 KunstUrhG) protects individuals from having their images published without consent.
• Defamation and slander (§§ 186, 187 StGB) – This applies if images are used to harm someone’s reputation.
• Coercion & extortion (§§ 240, 253 StGB) – If images are used to blackmail or threaten someone, additional charges may apply.
• Identity misuse & civil law claims – AI-generated content that falsely represents someone can result in claims for damages under civil law.

Beyond criminal charges, victims of non-consensual intimate image distribution or deepfake manipulation can also take legal action under civil law in Germany. This means that even if a criminal conviction does not occur, perpetrators and platform operators can still face financial and legal consequences:

• Injunctive Relief—Courts can issue an order preventing further content distribution, which can be enforced against individuals and platforms.
• Right to Deletion – Website and platform operators are legally required to remove illegal content upon request. If they fail to do so, further legal action can be taken.
• Compensation and Damages – Victims may claim financial compensation for emotional distress and reputational harm caused by the unauthorised publication or manipulation of their images.
• Right of Access to Perpetrators’ Identities – In many cases, platforms can be legally required to disclose the identity of those who uploaded or shared the content, allowing victims to pursue legal action.
• Extended Liability for Platforms – Lawmakers are pushing for stronger accountability for social media and hosting providers. Future regulations may require platforms to proactively detect and remove deepfake content rather than acting only after a report is filed.

 Germany’s laws are backed by EU-wide efforts to combat the spread of AI-generated deepfake content. Several new regulations have been introduced to hold platform operators and AI developers accountable:

• Digital Services Act (DSA)—Effective since November 2022: Large online platforms and search engines must now remove illegal content more quickly through improved reporting systems. They must also implement better user protections, including transparency on content moderation decisions.
• Artificial Intelligence Act (AI Act) – Effective since August 2024: This new AI regulation categorises AI systems by risk level. Deepfake software is currently classified as ‘low risk’, meaning it is subject to lighter transparency requirements. However, future amendments could impose stricter controls on AI-generated content.
• Directive on Combating Violence Against Women and Domestic Violence – Effective since June 2024: This directive explicitly criminalises the non-consensual creation and distribution of intimate deepfake content, making it easier for victims to take legal action across the EU.

To effectively defend yourself against the distribution of AI-generated revenge videos or manipulated nude images, it is often crucial to take early steps to preserve evidence. Since such content is often distributed quickly and perpetrators act anonymously, carefully documenting all relevant information is essential.

Therefore, those affected should, if possible, secure screenshots and URLs and record all other relevant circumstances of the publication. In particular, it can be helpful to document the time of discovery, reactions from platforms, and possible psychological or professional consequences. Comprehensive preservation of evidence makes it easier to file a criminal complaint later.

Key Actions to Take Immediately:

• Secure Evidence
  • Take screenshots of the content, including URLs and timestamps.
  • Save metadata from websites, emails, or messages related to the distribution.
  • Document any relevant context, such as when you discovered the content, platform responses, and any psychological or professional impact.

• File a Criminal Complaint

• • Report the offence to the police or public prosecutor’s office.
  • If the perpetrator is unknown, a lawyer can help request information from platforms to identify those responsible.
  • Be aware that early action strengthens your case in potential legal proceedings.

• Seek Legal Assistance

• • A specialised lawyer can take immediate steps to secure evidence, demand the removal of the content, and enforce compensation claims.
  • Legal professionals can also initiate injunction proceedings, preventing further distribution.

• Contact the Platforms

• • Use the reporting functions on social networks and websites to request deletion.
  • Keep records of all communication with platform operators, as delays or non-compliance can be legally challenged.
  • Legal action may still be necessary to ensure full enforcement of your rights.

Why Early Action Matters

The sooner you act, the greater the chance of limiting damage and holding those responsible accountable. If you need support, our legal experts can help you with both criminal and civil proceedings, ensuring your rights are fully protected.