A deepfake is an image, video or audio recording that looks authentic but has been generated or altered with artificial intelligence. The technology has become so widespread that students can manipulate pictures of fellow students within a few clicks. Whether and when this is punishable is therefore also a question for politicians. This guide explains where the legislative process stands and what you should keep in mind already.
Short answer: The Federal Ministry of Justice has presented a draft bill against digital violence that is meant to cover deepfakes among other things. According to press reports, the federal cabinet adopted the draft on 7 October 2026. According to the press reports of 7 October 2026, deliberation in the Bundestag was still pending, and no date for entry into force has been set. Last updated: November 2026.
Key points
- The draft comes from the Federal Ministry of Justice and was presented in April 2026.
- After the cabinet decision in October 2026, the draft now goes to the Bundestag. It is not yet a law.
- The draft names new offences, including the unauthorised making and distribution of intimate recordings.
- Deepfakes are to be covered expressly where they concern intimate recordings.
- The level of penalties will only be fixed in the adopted statute. Figures from the earlier draft may have changed.
What is a deepfake, and why does it need a law?
Deepfakes arise when the face or voice of a person is transferred onto other material. The result looks authentic even though the scene never took place. For those affected this is particularly distressing when the recordings are sexualised or damage their reputation. A picture can hardly be recovered once it circulates in messengers and social networks.
Depending on the case, various existing provisions apply, for example those protecting personal rights or those on insults. The legislator wants the draft to close specific gaps that have become visible with AI-generated content. Whether this succeeds will be decided in the further procedure.
What does the draft provide?
According to the press release from the Ministry of Justice of the state of Brandenburg dated April 2026 on the draft presented by the Federal Ministry of Justice, several new offences are to be created. The overview shows the areas named. It describes the draft in the form published at that time, not the final statutory text. Bundestag printed paper 21/7054 (a minor interpellation by the Die Linke parliamentary group dated 10 July 2026) names, for the ministry draft, section 184k of the Criminal Code draft (StGB-E) for sexualised deepfakes and section 201b StGB-E for other deepfakes that may seriously damage a person’s reputation. The paper gives no penalty range and no date of entry into force. It refers to the transposition deadline of EU Directive 2024/1385 on 14 June 2027.
| Area | What the draft is reported to cover |
|---|---|
| Intimate recordings | Unauthorised making and distribution, deepfakes expressly included |
| Digital voyeurism | Secret or unauthorised recordings in the digital space |
| Deceptive content | Content that considerably harms the reputation of a person |
| Cyberstalking | Certain forms of digital stalking |
According to the cabinet report of October 2026, the draft was changed in some points compared with the original version. The reports do not show every change in full. For concrete questions, wait for the final wording.
How far has the legislative process come?
A bill passes several stages before it applies. The overview below shows the status according to the sources on which this article rests. No date for entry into force is given.
| Step | Date | Status |
|---|---|---|
| Presentation of the draft by the Federal Ministry of Justice | April 2026 | Completed |
| Decision of the federal cabinet | 7 October 2026 | Adopted according to press reports |
| Deliberation in the Bundestag | open | Not yet begun according to the press on 7 October 2026 |
| Entry into force | not stated | Open |
A cabinet decision is an intermediate step. Only after deliberation in the Bundestag and further procedural steps does a bill become a law. The statutory text is then decisive, not the announcement. Keep an eye on the legislative process if you want to rely on new rules.
Why the cabinet decision is not the final word
A cabinet decision means that the federal government has approved the draft and introduces it into the Bundestag. In parliament the text can still change considerably. Committees examine the wording, specialist associations and interest groups comment, and the parliamentary groups negotiate details. With criminal provisions in particular, close attention is paid to ensuring that offences are clearly and proportionately defined.
The Bundesrat is also involved in many legislative procedures. Whether that applies here cannot reliably be read from the reports. Anyone who wants to follow the development is best advised to consult the Bundestag documentation on the project once it is available, because it contains the versions that are actually debated.
For you this means that the direction of the project is recognisable, but its final form is not. Anyone making a decision today, for example when sharing an image, should orient themselves on the law in force and on their own care, not on a draft.
What does this mean for you as a student?
Anyone who today puts a stranger’s face into a video or sexualises a photo of a person should not rely on it remaining unpunished. Under the law in force, the assessment depends on the content and the individual case. A separate offence for deepfakes is only foreseen in the draft. A joke among friends can also quickly lead to conflicts that reach far beyond the group chat.
Caution is also needed when sharing. Anyone who forwards a manipulated image spreads it again and can become responsible themselves. Check therefore whether an image is genuine before you pass it on. Notes on recognising AI images are in the guide KI-Bilder erkennen: Welche Kennzeichnungen es gibt und was sie taugen (in German).
What you can do if you are affected
If a deepfake of you is circulating, first secure the evidence. Take screenshots with date and time, note the addresses of the posts and save messages in which the image was passed on. These records help with a report and with notices to platforms, which usually offer their own reporting functions.
You can then report the post on the platform and file a complaint with the police. A complaint is also possible while the draft is not yet law, because the authorities then examine whether existing provisions apply. For further advice you can turn to victim support services, which explain which steps make sense in your situation.
Frequently asked questions
Is a deepfake already prohibited?
That depends on content and circumstances. An offence tailored specifically to deepfakes is only foreseen in the draft. Whether existing provisions apply is examined by the police and the public prosecutor in the individual case, or by a lawyer for a specific question.
What penalties are possible?
The exact penalty ranges will be in the statutory text once it is adopted. Until then, do not rely on figures mentioned earlier, because the cabinet version may differ from the initial draft.
Where do I file a complaint?
The police accept complaints, at any police station. You can also contact the public prosecutor’s office. Bring all the evidence you have secured so that the investigators can grasp the facts quickly.
Must I report the platform myself?
A report to the platform is possible regardless of any criminal proceedings and is often the quickest way to get an image removed from the internet. Both can run in parallel. Document your report so that you can later prove when you made it.
What to do now
- Follow the legislative process before you rely on a particular state of the law.
- If you are affected, secure screenshots, addresses and messages immediately.
- Report the material on the platform and file a complaint if necessary.
- Check images before you forward them, and avoid content that exposes people.
Related guides
- Digital Rights in Everyday Life: An Overview for Students
- Reporting an online insult: deadline, evidence and complaint
- Recht am eigenen Bild: When You May Post Photos of Other People
- Data breach at a service: what you should do now
- KI-Bilder erkennen: Welche Kennzeichnungen es gibt und was sie taugen
Sources: Beck-aktuell, cabinet adopts draft on digital violence, 7 October 2026 (German), Ministry of Justice of the State of Brandenburg, press release No. 21/2026 of 20 April 2026 (German), ZDFheute, draft law against digital violence, April 2026 (German), German Bundestag, printed paper 21/7054, 10 July 2026, accessed 3 November 2026 (German)
Last updated: November 2026. This guide is general information, not individual advice.
