New legislation
As of 1 January 2026, there is a new offence in the Criminal Code of “misuse of identity for the production and distribution of pornography”. It mainly targets non-consensual (including AI/deepfake) pornography, but can also fall on the “mere” forwarding of intimate images without the consent of the person depicted.
The new § 191a of the Criminal Code punishes a wide range of acts: not only the “production” of pornographic works, but also their offer, mediation, introduction into circulation or public access – typically via a publicly accessible computer network. The basic offence carries a sentence of up to two years, but the more severe penalties are aimed at more serious cases (e.g. online distribution, causing significant harm, acting within an organised group or with the intention to benefit). In the most severe version, the law allows for a prison sentence of up to five years.
Crucially for practice, the legislation is not only based on “deepfake” content: it can also apply to real intimate photographs or videos taken in a relationship if they are subsequently disseminated without the consent of the person concerned (e.g. “revenge after a break-up”). At the same time, not every nude photograph automatically fulfils the elements of a criminal offence – the decisive factors will be whether it is a pornographic work and whether the perpetrator acted without the consent of the person whose identity is used in the image; the boundaries will be drawn in specific cases by case law. It is worthwhile for victims to quickly secure evidence (screenshots, links, account identification) and to consider both criminal charges and civil action (protection of personality, interim measures).
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