The proposal was set in motion after a man was spotted filming under a woman’s skirt on public transport in 2017.
The proposal was prompted after said man could not be charged as no law prohibited him from doing it. This legal loophole should now be closed.
Gilles Roth, a CSV MP, says that it is abhorrent and against a woman’s dignity that new technologies allow perpetrators to film their victims under their skirts. In 2019, Roth first proposed a law to ban this practice, known as upskirting. The legal text is now taking shape.
One important amendment added to the proposal states that it is not only illegal to take photos of someone’s genital area but also to photograph or film someone’s underwear.
The justice ministry has also suggested that such voyeurism should not be governed by privacy laws, as initially proposed by the CSV MP, but should be considered an outright crime and thus be enshrined in the penal code.
The proposal also includes a provision that aims at those who either share such photos or footage on social media platforms, film on public transport or film disabled people or minors. These transgressions constitute an “abuse of weakness” and will carry a heavier punishment.
According to the proposal, the penalty for upskirting is up to 2 years in prison and a fine of up to €15,000.
If there are also abuses of weakness, the prison sentence could rise to three years and the fine to €30,000.
After the carnival break the law is due to be voted on in parliament. Roth is confident it will pass with unanimous support.
