Amendment to the German Criminal Code (StGB) – Section 201b

1. General Overview

July 2024 saw the Federal Council of Germany, Bundesrat, presenting a legislative proposal reflecting the Section 201b addition to the German Criminal Code. As far as the draft is concerned, it helps preserve the person’s rights by prohibiting the the creation and distribution of altered digital media.

2. Scope of the Law

The suggested Section 201b aims at illicit production or distribution of media content, including computer-generated or altered content that records a person’s looks, conduct, or words in a manner that reasonably seems to be their actual traits. This definition will catch deepfakes of alive as well as dead people.

The proposed law allows limited exemptions on the basis of activities done for the compelling interest of an overriding legitimate reason, such as artistic expression, scientific research, academic instruction, or news reporting on current events. Notably, the law covers both conception and dissemination of such content.

3. Key Provisions

• The proposed bill explicitly lays down Prohibited Acts, making it a criminal offense to conceive and disseminate deepfakes, infringing upon individual rights.
• This ban takes place when a computer science technique is employed to produce or manipulate media content depicting a person’s likeness, conduct, or voice that is realistic.
• Concurrently, Consent Requirements serve as the foundation of the draft bill, essentially prohibiting the making and dissemination of these deepfakes without the expressed approval of the person depicted.
• While the law primarily affects individual producers and distributors, it is in line with other existing legislation, like the Digital Services Act (DSA), which imposes Platform Responsibilities on online platforms to remove illegal content, potentially including deepfakes that violate the proposed Section 201b.

4. Penalties & Enforcement

Offences under Section 201b are punishable by:

• Imprisonment: Two years or below for creating or sharing deepfakes that infringe on personal rights.
• Fines: Where imprisonment is not imposed.
• Enhanced Penalties: Five years of imprisonment for uploading such content, or where it borders on very private matters. Implementation would be by local law enforcement organs and courts.

5. Comparison to Global Standards

As with other international plans aimed at controlling deep fakes, the Draft Law for Dealing with Fake and Other Dirty Tricks is proportional to the German part of the Digital Services Act (DSA) and the EU’s Artificial Intelligence Act (AI Act) that require platforms to defend users against deepfakes and other harmful material. Germany, however, is unique in its approach towards passing laws aimed at the criminalization of the making and distribution of deepfakes that abuse human rights.

6. Practical Implications

Individuals should be aware that with the new Section 201b, illegal production and distribution of deepfakes will face criminal prosecution. Victims of deepfake offenses would then be able to report the offenses to the law enforcement authorities for potential investigation and prosecution. Online platforms are also under them to effectively enhance their content moderation process to speedily find and remove malicious deepfake content that violates the provisions in the new law.

7. Future Outlook

The German Federal Parliament is currently debating the draft law. Section 201b, if passed into law, would be a proper legal framework for dealing with deepfakes that violate individual rights. The suggested provisions can be refined in accordance with present debates to guarantee their efficient application and conformity with global norms.