Often women don't even notice when someone has taken a photo under their skirt or dress. It happens quickly: in the café, on the train, on the escalator or on the street. Such a cell phone photo can be taken inconspicuously ; on most smartphones the clicking noise when taking photos can be switched off. This makes it even more difficult to become aware of it as an affected person. Juuuport reports this on its Facebook page:

Unfortunately, there are people who take advantage of this: It happens again and again that girls or women are photographed or filmed up their skirts. This is called “upskirting”. The photos and videos are displayed uninhibitedly on Instagram, TikTok and YouTube or sent via WhatsApp.

For a long time, upskirting was unpunished in Germany. improve privacy protection when taking pictures was finally passed.

Since then, secretly photographing the intimate area or cleavage (“downblousing”) and distributing these photos has been a criminal offense and is classified as a sexual offense.

Germany:

However, downblousing and upskirting have only been punishable since January 1, 2021 . On this date, Section 184k of the Criminal Code (StGB) came into force. Paragraph 1 states:

Anyone who does so will be punished with a prison sentence of up to two years or a fine

1. intentionally or knowingly takes or transmits an unauthorized image of another person's genitals, buttocks, female breasts or the underwear covering these parts of the body, provided that these areas are protected from view,

2. uses an image created by an act according to number 1 or makes it accessible to a third person or

3. knowingly makes an authorized image recording of the type described in number 1 accessible to a third person without authorization.

Austria:

This also applies to Austria . On September 2, 2020, the new law on “ Hate on the Internet ” was presented. There were changes in criminal law here.

Upskirting:  This offense has now been recreated. This involves intentionally photographing or filming under the skirt or into the neckline - without the consent of the person depicted. In the future, this could result in prison sentences of up to one year. (Source)

Tips for behavior when upskirting

If you notice that someone is taking photos up a woman's skirt or into her cleavage, thereby violating her privacy, you should

  • Inform the woman being photographed that photographs have been taken of her.
  • Talk to the peeping Tom about it together with the woman being photographed and point out that upskirting is prohibited and punishable.
  • ask the person to delete the recordings.
  • If necessary, call the police if the person does not want to delete the recordings.


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Notes:
1) This content reflects the current state of affairs at the time of publication. The reproduction of individual images, screenshots, embeds or video sequences serves to discuss the topic. 2) Individual contributions were created through the use of machine assistance and were carefully checked by the Mimikama editorial team before publication. ( Reason )