A demonstrator holds up a sign with the portrait of Collien Fernandes at a demonstration in Nuremberg on March 29. The actress has made it public that she experienced sexualized digital violence for years, presumably from her ex-husband.Image: www.imago-images.de
The case of actress Collien Fernandes has drawn public attention to pornographic deepfakes. In Switzerland, victims are hardly protected.
Apr 03, 2026, 06:04Apr 03, 2026, 06:04
The images show women’s bodies in sexually explicit poses: with legs spread, breasts exposed, during group sex.
They have the face of actress Collien Fernandes. Who took the explicit pictures and posted them on the Internet: unclear. Fernandes blames her ex-husband Christian Ulmen, also an actor.
Contact points for victims of sexual violence
Due to the technological possibilities of the AI image tools used, the representations are hardly recognizable as fakes. We are talking about so-called deepfakes or deep nudes.
Christian Ulmen and Collien Fernandes were considered a dream couple in the media.Image: AP dapd
Fernandes publicly defends herself against the digital violence that has been directed at her for years. She has with that Mirror talked about it. And sued her ex-husband, whom she accuses of producing at least some of the Deep Nudes and posting them online.
Are you affected by deepfakes?
Have you already discovered manipulated nude photos of yourself on the Internet and would you like to talk to us about it? Get in touch, even anonymously, at newsplus@watson.ch.
Christian Ulmen denies any allegations through his lawyer. He also did not create and distribute deepfakes of Fernandes. Fernandes herself says that her ex-husband sent pornographic videos and photos that were intended to appear as real and private as possible: “What technology was used must be clarified in court.”
It is a key point in the discussion about digital violence that has now sparked: What is a deep fake, what is permissible image editing and what is a punishable forgery – it is largely unclear.
Legally uncertain situation
Swiss law does not have an explicit article that criminalizes the production and distribution of deepfakes.
There are various criminal offenses under which it would in principle be conceivable to prosecute deepfakes, explains Martin Wyss, lawyer at the Competence Center for Medicine – Ethics – Law Helvetiae at the University of Zurich to watson. But:
“The application of these criminal offenses, which come into question in connection with pornographic deepfakes, is subject to greater uncertainty, which makes it more difficult to protect those affected.”
Martin Wyss
Wyss has one together with Brigitte Tag, a criminal law professor at the University of Zurich legal articles written on how to deal with deepfakes under Swiss law. In it, they go through all the potentially conceivable criminal offenses that courts could use to punish deepfakes today.
Most important finding: Although Parliament only revised the sexual criminal law in 2024, there is no legal means by which deepfakes could be sanctioned clearly and effectively.
According to the Federal Court, sexual harassment must occur “without any delay” in order to be punishable (symbolic image)Image: unsplash/elisa ventur
Two examples illustrate the problem. From a legal perspective, deep fakes could be viewed as sexual harassment. According to a ruling by the Federal Court, however, only if the harassment occurs “without any delay” and the victim cannot escape the situation.
This is the case, for example, if the harassment takes place via webcam or on the telephone. But not if it ends up on social media or via upload on the Internet.
“The sending of pornographic deepfakes, for example via WhatsApp, or their distribution via social media does not constitute sexual harassment according to this case law,” says Wyss.
How deepfakes are dealt with in Switzerland currently depends heavily on the opinion of the courts.Image: Swiss Federal Court
Second example. With the sexual criminal law revision, Parliament has created a new criminal article against revenge porn. This is porn that was initially created consensually, but after the relationship ended – in the overwhelming majority of cases by the ex-partner – it was uploaded to the Internet out of a desire for revenge.
Even published deepfakes are often acts of revenge. However, the Revenge Porn article only criminalizes “actual” sexual representations. So sexual acts between real, existing people that actually took place.
Deepfakes are the opposite of that.
“The sending of pornographic deepfakes, i.e. images that show virtual, i.e. “non-actual” sexual content, does not fall under this term of revenge pornography,” says Wyss.
Women who want to take legal action against a deep nude of themselves are currently in an unpleasant position. It is currently unclear whether a victim would be successful in court.
Penalty article for deepfakes?
The Greens are demanding this in an open letter to the Federal Council, which they launched on Thursday. “What is forbidden in the real world should also be forbidden on the Internet,” says Gerhard Andrey, National Councilor of the Greens from the canton of Friborg. “Politicians are failing to protect people in this country from these toxic phenomena.”
Gerhard Andrey (Greens) is one of the most prominent digital politicians in Switzerland.Image: keystone
Collien Fernandes herself speaks of the digital rape she experiences. This is not a legal term, but Bettina Balmer, President of the FDP Women, understands the choice of words:
“What sometimes happens to women in the AI sector is psychological violence. They are systematically destroyed, I think that in individual cases this can be equated to physical rape.”
Bettina Balmer (FDP)
She also wants to better sanction digital violence such as deepfakes. However, she does not necessarily want new articles of law. It cannot be a matter of reflexively calling for regulations and money, but rather one must first examine what is possible within the existing legal framework.
Bettina Balmer is the FDP National Councilor from the canton of Zurich.Image: keystone
Balmer welcomes the law introduced by the Federal Council to regulate communication platforms in principle and if it is implemented in a liberal manner. It’s about making the big players like Google or Meta responsible as providers of AI.
“But when I read through the current Federal Council proposal, the law threatens to result in such over-regulation that Switzerland’s innovative strength in the area of AI will be hindered. That shouldn’t be the goal either,” says Balmer.
Regulation of the tech giants
The large US platforms such as Google, Meta and Grok would have to be regulated even more closely. “We have waited a long time for the Federal Council to finally present a proposal for platform regulation,” says Andrey.
“He was cautious and the result was a very tame solution, without any protection of minors or obligation to reduce risks.”
In fact, the EU has the Digital Services Act (DSA) to regulate tech platforms. The DSA has been in effect since November 2022; Switzerland completed the consultation three and a half years later.
Is Switzerland cowering in front of the tech giants from the USA? In the picture: Facebook founder Mark Zuckerberg, Amazon boss Jeff Bezos with partner Lauren Sanchez, Google CEO Sundar Pichai and X boss Elon Musk (from left) at the second swearing in of Donald Trump on January 20, 2025. Image: keystone
“The Federal Council is letting women in Switzerland down,” says Andrey. He is convinced that it is a question of priorities:
“The Federal Council is pursuing a strategy of kowtowing and bending over to the Trump administration in order to ultimately conclude unusable deals.”
Gerhard Andrey (Greens)
For Andrey, there is no other way to explain why Switzerland does not want to regulate US tech platforms more closely.
He calls for the same principles that the EU formulated in the Digital Services Act: an obligation to delete problematic content. And the platforms should be more obliged to ensure the tracking of content.
Andrey says: “As with child pornography, we have to formulate red lines and if the players don’t adhere to them, they will be switched off.”
Internet initiative solution?
Bettina Balmer and Gerhard Andrey have different approaches to getting the flood of deepfake under control. But they are united on one point. Both support the so-called Internet initiative of the entrepreneur Guido Fluri.
Because he also believes that the Federal Council’s regulatory strategy is inadequate, he wants to force the tech companies to take action against digital violence. The initiative is supported across party lines and the signature collection phase is ongoing.
More about Collien Fernandes:
Collien Fernandes at a demo in Hamburg
Video: watson/nina bürge