Czech RepublicCriminal Code Section 191a, Non-Consensual Identity-Based Pornographic Depiction
Zakon c. 40/2009 Sb., trestni zakonik, Sec. 191a
In force since .
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
- Setting the rule reaches
- General
What it requires
- Do not produce, distribute, or make available pornographic material depicting or otherwise using a real person's identity or likeness, including a synthetic or AI-manipulated depiction, without that person's consent.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
- NIST AI 600-1
- GAI-RISK-08Information Integrity
- GAI-RISK-11Obscene, Degrading, and/or Abusive Content
- MIT mitigations Draft
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- ETSI EN 304 223
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Trestni zakonik Sec. 191a(1): up to two years' imprisonment, a ban on activity, or forfeiture of a thing for producing, importing, exporting, transporting, offering, making publicly accessible, mediating, putting into circulation, selling or otherwise supplying a pornographic work depicting or using a non-consenting person. Sec. 191a(2): six months to three years where the act causes significant harm to the depicted person, is committed by a member of an organized group, is committed through the press, film, radio, television, a publicly accessible computer network or a similarly effective means, or is committed to obtain a significant benefit for the offender or another. Sec. 191a(3): one to five years where the act causes large-scale harm, is committed by a group operating across multiple states, or is committed to obtain a large-scale benefit.
Who enforces it
Settledness
- As of
- Open questions
- Does 'pornografické dílo' in section 191a(1) reach a synthetic image that shows a person nude without a sexual act?
- Does 'osobu' in section 191a(1), a person who 'nedala souhlas' (did not consent), include a person who is only recognizable by likeness in a wholly generated image, where no real photograph was used?
What it makes you log
Logging duty
Section 191a criminalizes producing, importing, exporting, transporting, offering, making publicly accessible, mediating, putting into circulation, selling or otherwise supplying a pornographic depiction of a person made without that person's consent, including a synthetic or digitally altered likeness. The section states no duty to create, keep or produce a log or record of anything.
- Kind
- None
- As of
What this law does
Whoever produces, imports, exports, transports, offers, makes publicly accessible, mediates, puts into circulation, sells or otherwise supplies to another a photographic, film, computer, electronic or other pornographic work depicting or otherwise using a person the offender knows did not consent to that depiction or use, faces up to two years' imprisonment, a ban on activity, or forfeiture of a thing; the offence does not require the image to be a photograph of a real event and reaches a synthetic or digitally altered depiction of a real person's likeness made without consent.
The penalty rises to six months to three years where the act causes significant harm, is committed by a member of an organized group, is committed through the press, film, radio, television, a publicly accessible computer network or a similarly effective means, or is committed to obtain a significant benefit. It rises further to one to five years where it causes large-scale harm, is committed by a group operating across multiple states, or is committed to obtain a large-scale benefit.
When LexLint raises it
When your app profile says your app generates images with AI, generates video with AI or publishes adult content.
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