The deepfake debate has gained political momentum in Austria in recent weeks. Justice Minister Sporrer and Women’s Minister Holzleitner have announced plans to take tougher action against the creation and distribution of sexualized deepfakes. One of the catalysts for this was the widely publicized case involving a German actress. But what is actually already a criminal offense in Austria—and what rights do those affected have?
What are deepfakes?
Deepfakes are AI-generated manipulations of images, videos, or audio that appear deceptively real. Using freely available tools, it is possible to superimpose a person’s face onto someone else’s video, clone a voice, or fabricate a conversation. Women are particularly often targeted, with their images being placed in sexual contexts without their consent.
What are the current regulations in Austria?
There is not yet a specific criminal offense for deepfakes in Austria. However, existing criminal laws already cover deepfakes in several scenarios.
Cyberbullying under Section 107c of the German Criminal Code (StGB) applies when a person’s way of life is unreasonably impaired by the dissemination of visual material on the internet. This also includes AI-generated content that is used to systematically harm someone.
The right to one's own image under Section 78 of the German Copyright Act (UrhG) prohibits the distribution of images of a person if such distribution infringes upon legitimate interests. This protection may also apply even if the face is superimposed onto an AI-generated video.
Defamation and insult under Sections 111 and 115 of the German Criminal Code (StGB) may apply if a deepfake is likely to cast someone in a contemptible light in the eyes of the public or to attribute to them a charge that violates their honor.
Damage to credit under Section 1330 of the Austrian Civil Code (ABGB) gives rise to civil claims if the dissemination of false information—such as through a fake video—damages a person’s reputation or financial standing.
Extortion under Section 144 of the German Criminal Code (StGB) occurs when someone threatens to release deepfakes in order to coerce payments or other benefits—a so-called sextortion case.
What's coming at the EU level?
In June 2024, the EU adopted a directive to combat violence against women, which also covers digital violence. Specifically, member states are required to criminalize the non-consensual creation and distribution of sexualized deepfakes. Austria must implement this directive by June 2027. The AI Act also establishes transparency requirements for AI-generated content, which will take effect in August 2026.
What can those affected do now?
Victims should immediately preserve the material—that is, take screenshots, save links, and document all available information about the source before the content is deleted. It is advisable to file a police report, even though determining the criminal classification in individual cases can be complex. At the same time, civil claims for injunctive relief and damages can be asserted. Platforms can be requested to delete content via their reporting systems—in cases involving sexualized material, the DSA reporting obligation often applies as well.
Assessment
The existing regulations already offer a certain degree of protection, but they have gaps—particularly when it comes to non-sexual deepfakes used for political purposes or to damage someone’s reputation. The measures announced by the Austrian federal government are a step in the right direction. The key factor will be whether, in addition to stricter criminal penalties, practical tools are also created that enable those affected to have content removed quickly—because that is precisely where protection has often fallen short so far.
Have you been affected by a deepfake, or would you like to know what legal options are available to you? Schedule an initial consultation—we’ll provide you with personalized advice.
