“Unlike the United States, where to one alegislative network which makes it possible to sanction these faking of pornographic videos which represent an attack on sexual integrity“, underlines from the outset Sandrine Carneroli, lawyer specialist in media law in Brussels. Voyeurism, which consists of (having) observe a person or (having) make a visual or audio recording of a person without their consent, is indeed punishable by law. “Article 417/8 of the Criminal Code makes it possible to punish the person who broadcasts partially faked videos of a person in a behavior sexual“, says the lawyer.
The perpetrator of the offense risks 5 to 10 years of imprisonment if the victim is between 16 and 18 years old, and 10 to 15 years if the victim is under 16 years old. A heavy fine ranging from 1,600 to 80,000 euros is also planned.
What to do when the perpetrator is not known in the case of deepfake porn? “On can request that the court give an injunction to the platform to identify the author of the harmful content. Since the platform knows lIDs, access to a bank account, etc.“, noted Sandrine Carneroli.
The law is well done since it allows for urgent action, a summary procedure, to have the content deleted within 6 hours.
Moreover, “lhe law is well done since it allows for urgent action, a summary procedure, to have the content deleted within 6 hours. Deletion which may be requested not only from the author if known, but also from the broadcaster“, she adds. If the deadline is not respected, the broadcaster is liable to a penalty ranging from 1600 to 120,000 euros.
In 2020, the Chamber adopted the law on the revenge pornbe there “non-consensual dissemination of sexual images“. It is for the lawyer simply the popular term of voyeurism. With the difference thatuan aggravating circumstance is now provided for when there is dissemination of such images for malicious intent or economic interest.
So let’s talk regarding revenge porn or of deepfake porn, in the eyes of the law, both relate to voyeurism and are prohibited under Belgian law. At any rate, “these are not folders that trail, finally, in my experience“, assure Sandrine Carneroli.
