Germany Approves Bill to Criminalize AI Sexual Deepfakes and Rape Videos

Germany has approved a bill that would criminalize the creation of AI-generated sexual deepfakes, even when they are never shared, and make unauthorized possession of recordings of actual rapes punishable by up to two years in prison. The legislation would also allow courts to help victims identify anonymous online offenders and temporarily suspend accounts linked to serious abuse.

The bill, approved by Germany's federal Cabinet on October 7, 2026, was introduced by Justice Minister Stefanie Hubig. It would expand the country's criminal code to cover fabricated sexual imagery, voyeuristic recordings, cyberstalking and online identity abuse.

Under the proposal, creating or distributing sexually explicit deepfakes of identifiable people without authorization could become a criminal offense, including when the material is produced privately and never posted online. Such images and videos can be generated or manipulated using artificial intelligence to make someone appear naked or engaged in sexual activity.

German law already punishes certain violations involving intimate images, but the mere creation of a fabricated sexual image is not necessarily a criminal offense. The bill would allow prosecution at the point of creation, including when the image remains private.

The proposal would also criminalize the unauthorized possession, acquisition or access of recordings depicting actual rapes, carrying penalties of up to two years in prison or a fine. Producing or distributing the recordings could bring sentences of up to three years. The measures would extend criminal liability beyond those who create or circulate the material to people who obtain or retain it without authorization.

Other provisions would broaden criminal protections against voyeurism, including secretly recording people in publicly accessible places where nudity is expected, such as saunas and nude beaches. The legislation would also address unauthorized recordings of clothed intimate body areas when the images are deliberately sexualized.

The government is additionally targeting online impersonation through fabricated material intended to seriously damage another person's reputation. Proposed changes to cyberstalking laws would cover repeated unauthorized location tracking through GPS devices.

Alongside the criminal penalties, the proposed digital violence protection law would allow courts to order platforms and internet service providers to disclose identifying information, including names, addresses, and email addresses, to help victims pursue civil damages claims. It would also introduce measures to preserve evidence that could otherwise disappear during legal proceedings.

Judges could also order temporary account suspensions in serious cases where further violations are expected. Such orders would face heightened legal requirements intended to protect freedom of expression.

Government figures show that women accounted for 60% of victims of digital violence recorded in German police crime statistics in 2024. Officials have cited the disproportionate impact on women and girls as a central reason for strengthening criminal protections.

The proposal has drawn concerns from Germany's Federal Bar Association, which supports stronger protections against digital abuse but has questioned whether some offenses are too broadly defined. In a May 28, 2026, assessment of an earlier draft, the association warned against automatically criminalizing the private creation of sexual deepfakes involving adults when there is no intention to distribute them. It suggested lawmakers consider whether criminal liability should require a concrete risk of harm or evidence that the images were created for distribution.

The association also raised concerns about freedom of expression, the scope of court-ordered account suspensions and additional demands on the justice system. It urged lawmakers to define criminal offenses precisely enough to distinguish prohibited conduct from activities protected under German constitutional law.

The bill now heads to Germany's Bundestag, where lawmakers can amend its criminal penalties and enforcement provisions before voting on whether to adopt the measures.