“Upskirting” refers to secretly taking photos under skirts. Smartphones have made this unacceptable behavior more widespread. It is not only an invasion of privacy, but also serious sexual harassment. We explain why it is important to educate children and young people about upskirting and its consequences and offer practical advice on how to deal with the issue.
The worrying phenomenon of upskirting refers to secretly photographing or filming under a person’s skirt or dress. Those affected often don’t even realize when someone is recording this particularly personal and intimate area. Smartphones are now so small and handy that very good photos can be taken at lightning speed with or without a selfie stick, even in poor light.
This inappropriate and even punishable behavior often takes place on public transport, on escalators, in shopping centers, at events or even at school. It is not only a violation of privacy, but also a blatant form of sexual harassment that has serious consequences. Similarly problematic and also punishable by law is “downblousing”, the secret photographing or filming of the neckline.
Some perpetrators only use the recordings for themselves. However, they often share the images and films on the internet, for example in messaging services or on porn platforms. In 2020, the offense of “violation of private life through image recordings” was added to the Criminal Code(Section 184k StGB), with fines or even prison sentences of up to two years.
Being photographed under the skirt or in the cleavage excludes men who dress according to classic role models. In this country, upskirting is likely to mainly affect girls, women and trans* and inter* people. Children and young people are particularly vulnerable to this as they may not fully understand what is happening or how to protect themselves from it.
Young people explore their surroundings and their own boundaries, which can lead to risky behavior. The fascination with the unknown, coupled with a lack of awareness of the consequences of their actions, can tempt young people to behave rashly.
Upskirting is not only a blatant violation of privacy, but can also have serious psychological effects on the victims. The dissemination of such images can have a lasting impact on the lives of those affected. It is essential to point out the seriousness of these actions and to emphasize their social and legal consequences.
Open communication: Talk to your child about the importance of privacy and treating others with respect. Create a space where your child can ask questions. Emphasize that no one has the right to violate your child’s personal boundaries.
Raise awareness: Explain the consequences of upskirting, not only legally, but also in terms of the emotional impact on victims. Show how such actions affect trust and security in society.
Digital responsibility: Teach your child how to use media responsibly and point out the legal consequences of inappropriate behavior. It is important that your child understands that actions online have just as real an impact as in offline life.
Build trust: Establish a relationship of trust with your child so that they can contact you if something unpleasant happens to them. Assure them that you will support them and look for solutions together.
Talk to your child: Let your child know that it is okay to confide in you and listen carefully.
Report the incident: Upskirting is a criminal offense and should be reported to the police. Encourage and support your child to do this. Upskirting violates personal rights and infringes the right to sexual self-determination. This means that no one may be turned into a sex object against their will. One law provides for a prison sentence of up to two years or a fine.
Even those who do not take photographs themselves but distribute unauthorized intimate images or make them accessible to others can be punished. Upskirting is not a piquant peccadillo, but a sexual offense.
Seek professional help: Upskirting can have an emotional impact. If necessary, seek help to help your child come to terms with the situation.
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For parents:
Your child loves taking pictures and maybe wants to be a photographer one day? For Instagram it may still be too young, but in the Knipsclub it can learn more about photography in a child-friendly way and exchange ideas with others.
The photo community Knipsclub is suitable for 8- to 12-year-olds. Knipsclub is a platform where they can publish their own photos, share them with others, and talk about them. Knipsclub offers a protected space on the Internet for this purpose. Through animations, video clips and hands-on activities, children learn more about photography and safe behavior on the Internet, e.g. on topics such as Data protection, copyrights and secure communication with others. In the “Knipstipps” tips are given, e.g., for the correct picture detail, the correct light or the use of filters and how one can work on a picture.
Many children love picture stories or comics and like to draw. With photos, they can discover their environment in a new way and learn how to deal with (digital) technology. Children at this age are curious and want to know a lot.Many are already on the Internet. At Knipsclub they can gain their first experience and learn what they need to watch out for, e.g. that you can’t simply upload pictures of others to the upload to the Internet.
Take your child’s wish seriously if they like to share their photos and be independent on the web. Social networks such as Instagramoffer little protection and no guidance for children and are only recommended from a minimum age of 13. There, they may encounter advertising, cyberbullying, and cybergrooming, which can overwhelm or frighten them.
In Knipsclub, you can slowly introduce your child to using the Internet. You must upload a written consent form to register. Familiarize your child with the rules on the net and discover the platform together. Start a collaborative photo project. Here you will find some ideas for this.
New parents are especially proud of their own baby and would like to share their happiness with the whole world. But don’t lose sight of your child’s privacy rights . Answering the following questions will help you decide how to handle photos of your child.
Your child will only learn over time what photos are and what it means when images are shared online. Therefore, for the time being, you have to make the decision on how it should look like in photos and who is allowed to see certain images. Therefore, before you share a photo of your child that you find funny, for example, you should consider whether you would have liked it if your parents had shared such a picture of you.
Children should always be seen clothed in photos and not in a ridiculous or even embarrassing situation. If other children are visible in the photo, you must obtain the consent of their parents or legal guardians.
Photos of children can also be beautiful without showing them very clearly, e.g. by photographing them from behind or only showing a detail. For more tips on how to take and share beautiful children’s photos in a creative way without violating their privacy rights, see our post Creative Children’s Photos.
Also, think about the channels through which photos are distributed. When you post a picture on WhatsApp it can be forwarded easily and unnoticed, and may even end up in someone else’s hands. Then you don’t know what happens to it.
To avoid this, there are often various setting options in apps or on platforms that restrict visibility or the circle of recipients. Also regularly check your own privacy and security settings! Be sure to avoid posting a photo of your child in combination with exact details such as name or location.
The fact that you want to capture beautiful moments with your child and share them with others is quite normal and brings joy. But not every photo has to be shared or published on the Internet. It can be just as nice to show the pictures at the family gathering and enjoy them together. Discuss with family and friends how you would like photos of your child to be handled. (You can find suggestions for this at the German Children’s Fund, for example.) Because once photos have been sent via WhatsApp or other messengers, they can be forwarded easily and unnoticed. Tip: With messenger apps like Signal or Telegram photos are not automatically saved in the recipient’s photo gallery!
Discuss this with your partner or the other parent. But children also have a right to co-determination, privacy and to decide what happens to pictures of them. That’s why you should involve your child as early as possible. If it is still very young, you can ask if it likes itself in the photo before forwarding it. From kindergarten age, you should ask more precisely, e.g. whether grandma and grandpa are also allowed to see and have a picture. Respect your child’s decision, even if it is not your opinion.
First day of school after the vacations: Right at the beginning, class photos are taken, which can be seen on the school’s website and Facebook page the day after. Is that allowed? This depends on whether you signed what is called a photo release or consent form when you enrolled your child at the school.
In principle, all people in Germany have the “right to their own image”. This is a personal right that is protected by the Basic Law. It means that no one can take photos or videos of you or your child and simply publish them – for example, on the Internet – unless you have been asked for permission beforehand. The EU’s General Data Protection Regulation (GDPR) has even strengthened this right.
Especially for children and adolescents, special rules apply that are protected by the GDPR. If your child is younger than 12, you as the parent or guardian decide with your signature whether pictures of your child may be published. If your daughter or son is at least 12 years old, your child should also be asked himself or herself whether he or she agrees to publication and also sign. It is assumed that from around this age, children are able to assess what it means when a photo of them is on the Internet. Nevertheless, you should also involve your child at an earlier stage and explain to him or her what the consequences of publishing photos or videos may be.
Especially when it comes to images of children and young people on the Internet, declarations of consent should be as transparent and comprehensible as possible. You need to know where exactly the photos or data are published and for what purpose they are used. It should also be clear from the consent exactly which data or which motif is being used, i.e. what exactly is being photographed. It is usually not necessary that your child’s full name is also published with the photo.
Such consents are always voluntary and you may withdraw them at any time. An exception to consent forms are photos in which you can be seen but are not the focus of attention, but were only photographed by chance at a school festival, for example.
If you as a parent take photos or videos of your child and his or her friends for purely private purposes at a school event, for example, that’s fine. But when it comes to sharing these pictures or videos via WhatsApp or Facebook, for example, you also need the consent of the person in the picture and, as long as he or she is not yet 18 years old, that of the parents as well. However, in this case it is sufficient to ask verbally.
WhatsApp groups are popular among young people and their parents. Students set up class chats. Parents exchange information in groups about organizational issues concerning the school. Not only text messages are written, but also photos and videos are sent. You should agree among yourselves that photos will not be posted in the group without the consent of the people pictured, and that they may not be shared with anyone outside the group. This protects privacy rights and reduces the risk of strangers having access to photos of your child.
