What are DeepFakes?
DeepFakes use artificial intelligence to make people perform actions or say words in videos that never happened. The faces and voices are edited in such a way that they are seamlessly integrated with other video tracks, creating completely new content. The technical possibilities of these manipulations seem limitless.
What are DeepNudes?
DeepNudes are a special form of DeepFakes that artificially create pornographic content. Here, too, artificial intelligence is used to manipulate images or videos so that people appear naked even though these scenes never took place. The emotional and psychological burden on those affected is enormous and comparable to publishing real nude pictures.
💡 The term “deep” comes from “deepLearning,” a form of machine learning based on neural networks. This technology is used to create DeepFakes and DeepNudes.
☝️ With the increasing availability of images and progressive development of artificial intelligence, DeepFakes and DeepNudes are becoming more and more common and are often no longer recognizable as counterfeits.
What is the legal situation?
First, the most important thing: Creating and distributing DeepNudes is illegal!
However, there is still some catching up to do in terms of legislation in Germany, as there are no special legal regulations that explicitly relate to “DeepFakes” and “DeepNudes.” However, DeepNudes also violate existing laws, of which we summarize the most important ones here:
1. Violation of personal rights
The right to their own image protects individuals from being portrayed in a degrading way without their consent. Creating DeepNudes without the consent of the people depicted violates this right.
2nd Data breaches (GDPR)
Processing personal data without consent violates the General Data Protection Regulation. Images that can be used to identify a person count as a biometric data set and therefore fall under the GDPR.
3rd Criminal law aspects
The distribution of DeepNudes is punishable as the distribution of pornographic material if it takes place without the consent of the people depicted. In some cases, sexual harassment or defamation could also be relevant.
4th copyright infringements
The unauthorized modification and distribution of original images protected by copyright is a copyright infringement.
These aspects make the creation and distribution of DeepNudes questionable not only for ethical reasons, but also entail significant legal risks that can lead to civil and criminal proceedings.
➡️ Our message: You can legally defend yourself against DeepNudes!
Despite the remaining gaps in legislation, the existing laws already offer effective means of defense.
Seek legal advice — the emotional and psychological burden of DeepNudes is considerable. Many of those affected feel isolated and helpless, but they are not alone. We offer comprehensive legal support and help you clarify your legal options. We also work successfully with HateAid e.V. together, who also offer support.
Our expert Dr. Sven Dierkes is available to answer any further questions you may have.
