The term "sexting" is made up of the words "sex" and "texting". It describes the sending of erotic photos or videos of oneself using a computer or smartphone. Erotic material can be images in swimming trunks, bikini and/or underwear or nude images of certain parts of the body, such as topless images.
Legal classification
If the erotic images/videos are forwarded by the actual recipients without the consent of the persons depicted, then the right to one's own image (Sections 22, 23 of the German Art Copyright Act in conjunction with Section 33 of the German Art Copyright Act) is violated. V. m. § 33 KunstUrhG) and in some cases even the highly personal sphere of life (§ 201a StGB) is violated.
What to do if photos/videos have been circulated without consent?
- Report photos/videos to the provider whose service was used to distribute the material and have them removed.
- Contact a lawyer to assert the violation of the right to one's own image with their legal support, as nobody is allowed to pass on photos or videos without the consent of the person depicted.
- File a complaint with the police if photos/videos that violate the so-called "highly personal sphere of life" have been forwarded without being asked. This refers to images that were taken in personal privacy, such as in your own home, toilet or
shower.
Protect yourself and your children
- Inform your children about the potential dangers of sexting. Once a photo has been sent digitally, its distribution can neither be controlled nor stopped.
- To protect yourself from unwanted distribution, it is best not to create or share such images in the first place.
Further information
- Programme Police Crime Prevention of the Federal States and the Federal Government (ProPK): Online tips for young and old (as at: September 2023)
Online article "Sexting" on the ProPK website for children and young people "Polizei für dich" (as at: September 2023)