Collien Fernandes accuses ex-husband of AI-driven digital impersonation
German actress and presenter Collien Fernandes has accused her ex-husband, Christian Ulmen, of creating a fake online profile under her name. The profile reportedly contained pornographic content, with Fernandes describing the incident as 'digital violence'. She has since filed a criminal complaint in Spain, where legal protections are stricter than in Germany.
Fernandes claims Ulmen engaged in sexualised chats with multiple men while impersonating her. She also alleges he conducted phone sex using an AI-generated voice designed to mimic her own. These accusations have raised questions about legal protections against such forms of digital abuse.
Austrian criminal law offers several potential avenues for prosecution in similar cases. Section 107c of the Austrian Criminal Code penalises persistent harassment via telecommunication or computer systems, carrying penalties of up to one year in prison or fines based on the offender's income. Section 225a, which criminalises data falsification, could also apply if a fake profile is created with fabricated information. Additionally, Section 107a, known as the stalking provision, imposes the same penalties and may be relevant in deepfake-related cases. For more severe offences, such as using deepfake content to coerce a victim, charges like 'dangerous threats', 'coercion', 'extortion', or 'sexual coercion' could be pursued. Austrian law requires proof of a credible threat, the victim's protected interest, the perpetrator's intent, and a clear causal link. While no specific deepfake statute exists, general provisions under extortion (§ 144 StGB) and coercion (§ 105 StGB) could be applied if sexual threats are involved. Beyond criminal law, lawyer Peter Zöchbauer suggests a potential breach of copyright under §78, which protects an individual's right to their own image. The Data Protection Act might also come into play if personal data is shared with harmful or profit-driven intent.
Fernandes has taken legal action in Spain due to its more robust framework against digital offences. The case highlights the gaps and complexities in addressing deepfake-related abuse under current laws. Prosecutors would need to rely on existing provisions, as no dedicated legislation for such violations yet exists in many jurisdictions.
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