Deepfake intimate content created using your likeness in Austria
AI generated content placing your face or likeness into intimate scenes you never participated in has appeared online. The TAKE IT DOWN Act explicitly covers AI generated and synthetic NCII as well as authentic content.
AT
jurisdiction
§
primary statute
48 hr
TAKE IT DOWN Act window
Court order
enforcement route
Tl;dr
In Austria, this conduct is prosecuted under § 120a StGB. The civil erasure route runs through GDPR Article 17 (right to erasure) plus Datenschutzgesetz and DSB. Where the host platform is subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour platform removal obligation in parallel.
Why this happens
Open source deepfake tools require only a single clear facial photograph to produce convincing synthetic intimate content. Any public photo on social media or LinkedIn can be the source.
Targeted deepfake attacks frequently begin in private Telegram or Discord communities and spread to public sites within days. Early detection through biometric scanning is the only reliable way to find every copy.
Legal framework in Austria
Strafgesetzbuch § 120a (Bildaufnahmen des höchstpersönlichen Lebensbereiches). Up to 1 year imprisonment or fine of up to 720 daily rates.
Austria's § 120a covers unauthorised image recordings of the most personal sphere of life including intimate situations. The 2021 expansion strengthened protection against deepfakes and synthetic intimate content depicting identifiable persons.
Evidence to preserve
- Full page screenshot of every URL where the content appears
- The username and account handle that posted the content
- Any source images credited or visibly used, which proves the deepfake derivation
- The video or image file itself, downloaded for evidence preservation
Do not: Do not amplify the content by responding publicly. Engagement increases visibility and may also be used by the perpetrator to claim consent or interaction.
Five step removal process
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1
Preserve all evidence first
Full page screenshot of every URL where the content appears. The username and account handle that posted the content.
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2
File the § 120a StGB criminal complaint
Report to local police or the national cybercrime unit. Stopline.at can assist.
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3
Submit an erasure request under GDPR Article 17 (right to erasure) plus Datenschutzgesetz
Each major platform has a designated data protection contact. The request must cite the legal basis and identify the URLs. The platform has 30 days to respond. DSB accepts complaints for non compliance.
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4
Run a biometric scan to find every additional copy
Content posted to one platform is rarely confined to one platform. ScanErase identifies every current hosting location in a single scan, including mirror copies and AI generated variants.
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5
File TAKE IT DOWN Act notices for covered platforms
Use your scan report to file the federal 48 hour notice yourself, in parallel with your domestic rights. The two regimes are cumulative, not exclusive.
Statutory citations to include in your complaint
- Strafgesetzbuch § 120a (Bildaufnahmen des höchstpersönlichen Lebensbereiches)
- GDPR Article 17 (right to erasure) plus Datenschutzgesetz
- US TAKE IT DOWN Act for any covered platform
- Right of publicity claims under state law for unauthorized commercial use of likeness
- State deepfake specific statutes in California, Texas, New York, and a growing list of jurisdictions
Frequently asked questions
Is deepfake of me a crime in Austria?
Yes. Strafgesetzbuch § 120a (Bildaufnahmen des höchstpersönlichen Lebensbereiches) criminalises this conduct. Up to 1 year imprisonment or fine of up to 720 daily rates.
What evidence should a Austria victim of deepfake of me preserve?
Full page screenshot of every URL where the content appears. The username and account handle that posted the content. Any source images credited or visibly used, which proves the deepfake derivation. The video or image file itself, downloaded for evidence preservation.
Does GDPR Article 17 (right to erasure) apply to this scenario?
Yes. GDPR Article 17 (right to erasure) plus Datenschutzgesetz gives the victim a direct erasure right against any platform processing the imagery. DSB enforces non compliance.
What support is available in Austria for deepfake of me?
Stopline.at provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://www.stopline.at.
Can a Austria victim also file a US TAKE IT DOWN Act notice?
Yes when the hosting platform is subject to US jurisdiction. The 48 hour federal removal obligation runs in parallel with rights under § 120a StGB and GDPR Article 17 (right to erasure) plus Datenschutzgesetz.
Remove every copy now
One scan. Coordinated removal under § 120a StGB, GDPR Article 17 (right to erasure) plus Datenschutzgesetz, and the TAKE IT DOWN Act.
Start a private scan