Until now, victims of upskirting, a form of voyeurism, had few legal means at their disposal.
A bill which was voted unanimously in parliament aims to change this going forward.
Upskirting describes photographing or filming the private parts of women or men. This can be under the skirt, as the term suggests, but also the cleavage. Today's small cameras as well as mobile phones make this easier than ever, so the law had to be updated accordingly. CSV MP Gilles Roth, who introduced the bill in parliament two years ago, explained:
„This is not a new phenomenon, but it has definitely grown, through the use of new computers, new hard and software, new technologies, but above all, the spread on social networks."
By enshrining the new law in the penal code, this type of voyeurism will no longer be trivialised as a harmless offence. The penalties will be adapted to reflect this, says Gilles Roth:
„The penalty of this infraction can go from a prison sentence of two months to a year, or a fine betwen 251 and 15,000 Euro."
If the victim is a minor, the sentence can be doubled. The same goes if the infraction took place on public transport or if the resulting media are distributed on social networks.
The Minister of Justice, Sam Tanson from Déi Gréng, stresses how important it is to do preventative and sensibilisation work from an early age.
„It is important to set boundaries, and for these to be very clear. To underline that some things are simply not done. And that [victims] can not only report this, but that it will be punished."
The new law was inspired by a case from 2017, where a man had repeatedly filmed under women's skirts on public transport, using a camera hidden in a handbag. The women brought charges against the man, but the case had to be closed due to lack of legal means.
