Pornographic deepfakes: what Swiss law says
Switzerland does not have a specific offense for pornographic deepfakes, but existing law can be applied in particular cases
Contesto
In brief - Pornographic deepfakes created with AI in Switzerland - Eight women have filed a complaint - No specific crime, but laws on identity and honor ## Key facts - What: Pornographic deepfakes created with artificial intelligence - When: Contents circulated for months on Telegram - Where: Switzerland, with at least 14 women involved - Who: Eight women have filed a complaint - Amount: Not specified Switzerland is not immune to the problem of pornographic deepfakes, contents created with artificial intelligence that superimpose the face of a real person onto another body in images or videos with sexual content. According to an investigation by Tages-Anzeiger, for months on Telegram there have been deepfakes of Swiss influencers. At least 14 women are involved, eight of whom have filed a complaint. The channels also exchanged instructions on how to create these sexual fakes in a simple and quick way. For Angela Müller, of Algorithm Watch, the case demonstrates that pornographic deepfakes are not a marginal phenomenon. 'The problem is wider than a few isolated episodes,' says Müller. Sexism and sexualized violence online are certainly not new, but AI acts as a multiplier. The organization therefore calls for social media platforms and providers of artificial intelligence tools to be called upon to take greater responsibility. ### Laws in Switzerland In Switzerland, there is no specific criminal offense related to the production and dissemination of pornographic deepfakes. However, the Federal Council considers that the existing law is, in principle, applicable to this type of content. Depending on the cases, provisions already foreseen in the Criminal Code, such as identity theft or crimes against honor, may come into play. The unauthorized dissemination of intima...
Dettagli operativi
Implications for cross-border workers Cross-border workers residing in Ticino and working in Italy may be particularly vulnerable to pornographic deepfakes, given their frequent use of digital platforms and social media. The lack of specific legislation in Switzerland could make it more difficult to protect victims, especially if the authors of the deepfakes operate from different jurisdictions. ### Comparison with the previous situation Before the emergence of pornographic deepfakes, victims of revenge porn or unauthorized dissemination of intimate content could rely on existing regulations such as identity theft and crimes against honor. However, deepfake technology has made it more complex to apply these norms, as it is often difficult to identify the authors and prove the intentionality of the harm. ### Concrete scenarios Imagine a cross-border worker residing in Ticino and working in Italy. If they become a victim of a pornographic deepfake, they might face several challenges. First, they would need to document the content and report it to the platforms to have it removed. If the author is known, they could take civil action to have the material quickly deleted. In parallel, they could file a criminal complaint for identity theft or crimes against honor. ### Platform responsibility A crucial aspect is the responsibility of social media platforms. Currently, platforms are not legally responsible for the publication of deepfakes, which makes it more difficult for victims to obtain justice. Angela Müller and Manuel Bertschi argue that platforms should be held accountable when they are aware of illegal content but do not take steps to remove it. ### Preventive measures In addition to laws and legal actions, preventive measures are necessary. Platforms could im...
Punti chiave
What to do if you are a victim of pornographic deepfake If you are a victim of a pornographic deepfake, the first thing to do is to document the content. Take screenshots or save the videos and report them to the platforms to have them removed. If you know the author, you can take civil action to have the material quickly removed. In parallel, you can file a criminal complaint for identity theft or crimes against honor. ### Reporting to platforms Each platform has its own reporting system. For example, on Facebook and Instagram, you can report inappropriate content through the post or profile options menu. On Telegram, you can report a channel or message through the channel or message options menu. ### Criminal complaint If you decide to file a criminal complaint, you can contact the local police or a lawyer specializing in communication law. The lawyer can help you gather evidence and file the complaint. Remember that it is important to act quickly, as the content may be removed or modified over time. ### Psychological support Being a victim of a pornographic deepfake can be a traumatic experience. It is important to seek psychological support to cope with the anxiety, shame, and fear that can result from this situation. You can turn to a therapist or a specialized support center. ### Useful tools For further information and support, you can visit the Algorithm Watch website or contact a lawyer specializing in communication law. Additionally, you can use the salary calculator to compare your earnings and plan your finances. ### Conclusion Pornographic deepfakes are a complex problem that requires a multifaceted approach. In addition to legal actions, preventive measures and greater responsibility from platforms are necessary. If you are a victim of a pornogr...
Punti chiave
[{"q":"What are pornographic deepfakes?","a":"Pornographic deepfakes are AI-generated content that superimposes a real person's face onto another body in sexual images or videos. These contents can be spread online without the consent of the person involved."},{"q":"Which laws in Switzerland apply to pornographic deepfakes?","a":"In Switzerland, there is no specific criminal offense related to the production and distribution of pornographic deepfakes. However, existing law can be applied in particular cases, such as identity theft or offenses against honor."},{"q":"What to do if you are a victim of a pornographic deepfake?","a":"If you are a victim of a pornographic deepfake, the first thing to do is to document the content and report it to the platforms to have it removed. If you know the author, you can take civil action to have the material quickly deleted. In parallel, you can file a criminal complaint for identity theft or offenses against honor."}]
Frequently Asked Questions
- What are pornographic deepfakes?
- Pornographic deepfakes are AI-generated content that superimposes a real person's face onto another body in sexual images or videos. These contents can be spread online without the consent of the person involved.
- Which laws in Switzerland apply to pornographic deepfakes?
- In Switzerland, there is no specific criminal offense related to the production and distribution of pornographic deepfakes. However, existing law can be applied in particular cases, such as identity theft or offenses against honor.
- What to do if you are a victim of a pornographic deepfake?
- If you are a victim of a pornographic deepfake, the first thing to do is to document the content and report it to the platforms to have it removed. If you know the author, you can take civil action to have the material quickly deleted. In parallel, you can file a criminal complaint for identity theft or offenses against honor.