Sending Dick Pics Unsolicited Will Be Punishable

Sending penis pictures (dick pics) will become a criminal offense. This was announced by Justice Minister Anna Sporrer (SPÖ) before the Council of Ministers. The prerequisite is that the pictures were sent unsolicited. The legal regulation is intended to cover all forms of electronic communication, from social media to fax.

Sending Penis Pictures Becomes Punishable

Sporrer explained that young women, in particular, are affected by this type of sexual harassment. They will now also be supported in law enforcement. Family Minister Claudia Plakolm (ÖVP) called the decision an important concern. What is prohibited in real life should not be allowed online. Education Minister Christoph Wiederkehr (NEOS) also emphasized that the internet is not a lawless space.

Specifically, it will be a criminal offense to transmit genital images unsolicited via telecommunications or using a computer system if it involves harassment. The ban includes SMS, MMS, faxes, emails, instant messages, postings, or transmission via mechanisms like Airdrop or Bluetooth. If the (repeated) transmission of genital images fulfills another stricter offense, such as stalking, the stricter one will apply.

Action Plan Against Violence Against Women Adopted

Furthermore, the Council of Ministers also adopted an action plan against violence against women on Wednesday. The creation is led by the Ministry of Women in collaboration with the Interior, Education, and Justice departments. The goal is to close existing gaps in protection against violence.

The action plan is based on the recommendations of the Council of Europe, the Court of Auditors, and the new EU directive on combating gender-based violence. The Council of Ministers' decision marks the starting point for drafting the document. This should be done in close cooperation with relevant NGOs, specialist agencies, and academia.

Women's Minister Eva Maria Holzleitner (SPÖ) emphasized that every woman has the right to live without violence. Now, a truly broad alliance across all departments is needed to make it clear: "Violence is not a private matter." It is a structural problem that requires a comprehensive response. They are looking for gaps in all ministries regarding protection against violence, and they will be closed.

Greens Want Concrete Actions, FPÖ with Scorn

It is good, important, and right if the new government wants to give the same priority to protection against violence and violence prevention as was the case in the last government, said Green women's spokesperson Meri Disoski. At the same time, it is clear that today's announcements must be quickly followed by concrete actions. Because political lip service alone will not help a single woman affected by violence.

FPÖ social spokesperson Dagmar Belakowitsch commented on the announcement with scorn. It is the "felt 100th action plan" of the government on violence against women. From the Blue's perspective, it would be better to ensure more border protection and "remigration".

Some Open Questions About the Criminal Offense for Dick Pics

With the introduction of a specific criminal offense for the unsolicited sending of dick pics, the government aims to "finally bring violence protection into the 21st century," as Holzleitner emphasized. "In the future, it should also become uncomfortable for the perpetrators, and not just for the victims," noted Sporrer. However, practical implementation may present challenges.

Elena Haslinger, President of the Association of Austrian Prosecutors, fears that the announced § 218 paragraph 1b of the Criminal Code will lead to a "multiple burden" on the police and public prosecutors. Dick pics are a "mass phenomenon" especially among young people and are "often sent carelessly," Haslinger said in an interview with APA. Therefore, a "large number of reports" is to be expected, which the law enforcement authorities would then have to pursue in each individual case.

Large Number of Reports Expected, Concerns of Prosecutors

"How this will be managed, especially since the reform of the Code of Criminal Procedure has just been decided, which would have required 28 additional positions in the public prosecutor's offices that will not be available for budgetary reasons, remains to be seen," Haslinger noted. She fears a "great additional workload," although it is an "honorable concern" of the government to combat online violence.

"We are very pleased that the government has taken up our campaign," said Vienna lawyer Philip Springer, who successfully represented activist Fredi Ferkova in court. A subscriber to her Instagram channel had sent Ferkova unsolicited photos and videos of penises. She tracked him down with the help of two detectives, and Springer sued him for an injunction and damages. The man had to pay more than 4,000 euros in the end.

With the new regulation, "it should no longer be necessary for those affected to hire a private detective and take civil action against dick pics," Springer hopes. However, in a conversation with APA, the lawyer identified difficulties insofar as criminal liability should only exist if harassment is truly proven. Exactly when such harassment occurs could thus be at the discretion of the public prosecutors or courts.

Lawyer Sees More Urgent Need for Action on "Revenge Porn"

Springer sees a more urgent need for action on "revenge porn" and cyberstalking: "Quite a few people report similar problems." It is quite common for threats to be made to make videos public after relationships end, thus putting ex-partners under pressure.

In any case, no criminal prosecution is foreseen for the consensual sending of images of male or female genitals. "If the consent of all involved parties can be assumed, for example in relationships or also when participating in corresponding offers on the internet, in social media or apps, there is of course no criminalization," clarified the Ministry of Justice. However, "mere presence on a dating app" does not constitute "consent."

(APA/Red)

This article has been automatically translated, read the original article here.