A broad consensus is emerging across German parliamentary factions to expand and strengthen legal penalties for surreptitious recordings involving voyeuristic intent. The current legal framework is being criticized as inadequate, with calls for action intensifying following a petition highlighting the issue and a widely shared incident involving a woman being filmed without her consent.
Social Democrats (SPD) have labelled the existing legislative gap “unbearable” emphasizing the significant intrusion on personal rights that occurs when individuals secretly film others with sexualized motives. SPD legal affairs spokesperson Carmen Wegge stated that such actions “must be punishable”. The Christian Democratic Union (CDU) and its Bavarian sister party, the Christian Social Union (CSU), have signaled their willingness to engage in discussions with the SPD to address the matter.
The impetus for change stems from a petition demanding stricter penalties for secretly filming and photographing individuals with sexually motivated intentions. Currently, German law primarily addresses the photographing of specific body parts in a revealing manner, falling under Section 184 of the Criminal Code. A recent incident, where a woman publicly confronted a man who had been secretly filming her while jogging, underscored the limitations of the existing law.
Critics argue that the current laws, often referred to as “upskirting” provisions, are too restrictive. SPD representatives emphasize that the choice of clothing or camera angles shouldn’t determine whether an intrusive behavior is subject to criminal prosecution. They advocate for ensuring individuals can feel safe in public spaces without fear of being secretly filmed for gratification or power fantasies.
The CDU/CSU also acknowledge a need for action. CDU/CSU legal affairs spokesperson Susanne Hierl stated that secretly filming individuals with sexual motivations is a violation of privacy and oversteps a clear boundary. The parties are taking the petition seriously and will work with their coalition partners to evaluate the current legal standing of such actions.
The Federal Ministry of Justice, headed by SPD representative Stefanie Hubig, has expressed grave concerns regarding the rise of image-based sexual violence. The case of the filmed jogger has been categorized as “digital voyeurism” aligning with a commitment from the governing coalition to close legal loopholes concerning this type of violence and potentially encompass further emerging forms. The Ministry is currently assessing how these objectives might be best implemented.
Support for strengthening the law also comes from opposition parties. The Alternative for Germany (AfD) has described the call for stricter laws as “justified” and a “building block” in fighting sexual violence. Members of the Green Party have echoed this sentiment, highlighting that the right to sexual self-determination is equally important and deserving of protection as property rights.
The Left party, while critical of voyeuristic recordings and recognizing the degrading and liberty-limiting impact on victims, opposes a legislative tightening, fearing that harsher penalties don’t necessarily deter crime. They attribute such acts to deeper societal issues of sexism and advocate for addressing them in a broader societal context rather than through stricter legal measures.