Germany is moving to criminalize the creation and distribution of pornographic deepfakes following a high-profile accusation by actress Collien Fernandes against her former husband.
Fernandes, 44, has lodged a legal complaint in Spain against the 50-year-old actor Christian Ulmen. The case, which came to light last week through reporting by Der Spiegel, has ignited a substantial debate across Germany concerning digital violence and its impact.
In response to the growing concerns, more than 250 prominent German women have urged the government to implement stronger protections against what they term “digital sexualised violence.” Ulmen’s legal representative, Christian Schertz, issued a statement asserting that Der Spiegel’s investigative reporting was “unlawful for several reasons” and indicated their intention to pursue legal action. The statement further claimed that much of the reporting relied on “inadmissible reporting based on suspicion” and disseminated “untrue facts based on a one-sided account.” It is important to note that Christian Ulmen is not currently facing charges and is presumed innocent.
Fernandes’ Accusations and Legal Strategy
Collien Fernandes detailed in an Instagram post that for approximately a decade, she has contended with the appearance of fake social media accounts featuring explicit images of her, reiterating her allegations against her former spouse. Speaking with German public broadcaster ARD, Fernandes emphasized her desire to “highlight the gaps in the law.” She characterized Germany as “an absolute haven for perpetrators” concerning such offenses.
Fernandes further explained her legal approach to ARD, stating that she initiated action against her former husband in Spain, their former place of residence. Her rationale was that “women’s rights are significantly better there than in Germany. This applies not only to online abuse but also to domestic violence.” She added, “And in this case, once we identified the perpetrator, we also discovered that the offense had taken place in Spain.”
Broader Calls for Legislative Change
This specific case has resonated deeply within Germany. A collective of 250 leading women from political, cultural, and business spheres has put forth a set of ten proposals. These include enshrining the legal principle of “yes means yes” into German law, thereby making any sexual act without explicit consent a criminal offense. They are also advocating for the classification of “femicide” as a punishable crime within the penal code.
A recent report from the Federal Criminal Police Office indicates a significant prevalence of digital violence. The study found that one in five women and one in seven men experienced some form of digital violence within the past five years. The data suggests that victims are often younger, with over 60% of 16-to-17-year-old women and around 33% of 16-to-17-year-old men reporting victimization within that timeframe. Alarmingly, the report noted that only 2.4% of all digital violence cases were reported to the police.
Government Response and Public Action
In response to these developments, Justice Minister Stefanie Hubig announced forthcoming plans for a draft bill aimed at curtailing sexualized deepfakes, with a particular focus on offenses against women. In a public statement, she characterized the issue as “a debate that affects society as a whole, not just women. Men must also be part of the discussion.” The minister stated, “We intend to make the production and distribution of pornographic deep fakes a criminal offense in future.” She also added, “We also want to make it easier for those affected to defend themselves in court and obtain justice more quickly, so that the humiliation and degradation they are subjected to cannot continue to be spread online.”
On Sunday, several thousand individuals participated in a demonstration in Berlin to protest against sexualized digital violence and to show solidarity with victims. Although Collien Fernandes was not present in person, supporters read a statement on her behalf at the Brandenburg Gate. In her message, she called for the dismantling of “walls of silence.”
Technology and Societal Values
The case has generated considerable engagement on social media platforms. Josephine Ballon, managing director of Hate Aid, a German non-profit organization dedicated to supporting victims of digital violence, highlighted the accessibility of deepfake technology to BBC. “Now we have AI image generators all over the place, nudification apps that are available for free in app stores and also in browsers,” Ballon stated.
Ballon suggested a direct link between legal frameworks and technological accessibility: “If we have a criminal law that’s actually criminalising this behaviour, we can also say that these apps are no longer allowed because they are offering illegal services.” She concluded by asserting that criminalizing such conduct is the minimum societal response, signifying that “we as a society, we have values, we have rules, we have human decency.”