Deepfake intimate content created using your likeness in Switzerland
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.
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jurisdiction
Article
primary statute
48 hr
TAKE IT DOWN Act window
Court order
enforcement route
Tl;dr
In Switzerland, this conduct is prosecuted under Article 197a StGB. The civil erasure route runs through Swiss FADP (revFADP) right to erasure and FDPIC. 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 Switzerland
Strafgesetzbuch Article 197a (unbefugtes Weiterleiten von nicht öffentlichen sexuellen Inhalten), in force from 1 July 2024. Fine or custodial sentence up to 3 years.
Switzerland introduced article 197a of the Criminal Code in 2024 to address non consensual sharing of sexual content, with a maximum penalty of 3 years. The Swiss revised FADP gives data subjects an erasure right that operates parallel to GDPR for content hosted by Swiss controllers.
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 Article 197a StGB criminal complaint
Report to local police or the national cybercrime unit. Cybercrimepolice.ch can assist.
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3
Submit an erasure request under Swiss FADP (revFADP) right to erasure
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. FDPIC 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 Article 197a (unbefugtes Weiterleiten von nicht öffentlichen sexuellen Inhalten), in force from 1 July 2024
- Swiss FADP (revFADP) right to erasure
- 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 Switzerland?
Yes. Strafgesetzbuch Article 197a (unbefugtes Weiterleiten von nicht öffentlichen sexuellen Inhalten), in force from 1 July 2024 criminalises this conduct. Fine or custodial sentence up to 3 years.
What evidence should a Switzerland 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 Swiss FADP (revFADP) right to erasure apply to this scenario?
Yes. Swiss FADP (revFADP) right to erasure gives the victim a direct erasure right against any platform processing the imagery. FDPIC enforces non compliance.
What support is available in Switzerland for deepfake of me?
Cybercrimepolice.ch provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://www.cybercrimepolice.ch.
Can a Switzerland 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 Article 197a StGB and Swiss FADP (revFADP) right to erasure.
Remove every copy now
One scan. Coordinated removal under Article 197a StGB, Swiss FADP (revFADP) right to erasure, and the TAKE IT DOWN Act.
Start a private scan