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Germany: Bundesrat publishes draft law on deepfakes

On July 5, 2024, the Federal Council (Bundesrat) published the draft law on the criminal protection of personal rights against deepfakes. The draft law proposes a provision for the protection of personal rights specifically tailored to deepfakes and similar technical manipulations in the Criminal Code.

The draft law proposes to add §201b to the Criminal Code, violation of personal rights through digital forgery. The provision states that anyone who violates the personal rights of another person by making media content produced or modified using computer technology that creates the impression of a true-to-life image or sound recording of the external appearance, behavior, or oral statements of that person available to a third person must be punished with imprisonment for up to two years or a fine.

In addition, the draft law contains provisions for the protection of deceased persons, for increasing penalties in the event of circumstances that aggravate the offense, and for the impunity of socially acceptable actions, as well as subsequent changes to the law on criminal charges and the Code of Criminal Procedure.

You can read the draft law, only available in German, here.