Pornographic deepfakes: what Swiss law says

Context

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 intimate content can also have criminal relevance. 'In my opinion, the existing norms already cover several aspects of the problem,' explains Manuel Bertschi, a lawyer specializing in communication law. Fundamental, he emphasizes, is that justice applies them consistently also to cases of pornographic deepfakes.

A problem of application

According to Bertschi, the central issue is the application of the law. The people affected, in fact, often do not know who is behind the anonymous accounts that spread these contents. To proceed criminally, however, it is necessary to identify a natural or legal person to pursue. 'I support the need to introduce by law a responsibility of the platforms,' says the lawyer. Currently, he explains, one of the main problems is precisely the fact that the platforms do not respond legally for the publication of deepfakes. Angela Müller shares this position: in her opinion, the platforms should be called to respond when they are aware of illegal content but do not proceed to remove it.

What to do against pornographic deepfakes?

The priority is to document the contents and report them to the platforms to obtain their removal. If the author is known and the goal is to quickly remove the material, lawyer Bertschi advises taking action in civil court. In parallel, a criminal complaint can also be filed, for example for identity theft or crimes against honor.

Bans under discussion

In the National Council, several motions are pending that call for a ban on so-called 'nudification' apps. These are applications that allow easily creating deepfakes from existing photos of a person. The problem with banning the applications is that these can change name, web address or technical infrastructure. After the blocking of a site or service, often another similar one quickly appears.

A social problem

Bans and new laws are therefore only part of the solution, according to Angela Müller, who does not consider a discussion limited to criminal law sufficient. When these contents start circulating online, she points out, the damage has often already been done. Prevention measures, reference points for the people affected and greater responsibility on the part of the platforms, whose design and algorithms can favor the spread of problematic contents, are therefore also needed. Pornographic deepfakes, concludes Müller, are the expression of a broader social problem, which cannot be solved only with laws.

Operational details

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 implement more effective algorithms to detect and remove pornographic deepfakes. Furthermore, reference points could be created for affected individuals, such as psychological and legal support centers. Greater awareness of the problem among users could also help prevent the spread of such content.

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Key points

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 pornographic deepfake, do not hesitate to seek help and support. Use the available tools to document the content, report it to the platforms, and file a criminal complaint if necessary.

Source: rsi.ch