Czech RepublicCriminal Code Section 181(2), Realistic Fake Depiction of a Person Made to Cause Serious Harm to Rights
Zakon c. 40/2009 Sb., trestni zakonik, Sec. 181(2)
In force since .
An AI prohibited practices rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- Do not produce, with intent to cause another person serious harm to rights, a work that wrongfully shows or uses that person's likeness or an expression of his personal nature, appears genuine and is known not to be, and do not make such a work publicly accessible, mediate it, put it into circulation, sell it or otherwise supply it to another, per Section 181(2).
If you get it wrong
Criminal exposureYes
Criminal exposure note
Trestni zakonik Section 181(2): the same penalty as Section 181(1), up to two years' imprisonment or a ban on activity. Section 181(3): up to three years where the act causes significant harm to rights, brings a significant benefit, involves posing as an official person, or (for the Section 181(2) act) is committed through the press, film, radio, television, a publicly accessible computer network or a similarly effective means. Section 181(4): six months to five years where the act causes harm to rights on a large scale or brings a benefit on a large scale.
What it makes you log
Logging duty
Section 181(2) criminalizes producing, or making publicly accessible, mediating, circulating, selling or otherwise supplying, a work that wrongfully shows or uses a person's likeness or personal expression and appears genuine. The section states no duty to create, keep or produce a log or record of anything.
- Kind
- None
- As of
What this law does
Section 181(2) of the Criminal Code makes it an offense to produce, with intent to cause another person serious harm to rights, a work that wrongfully shows, records or otherwise uses that person's likeness or an expression of his personal nature, appears genuine, and is known to the offender not to be genuine. The offense also reaches whoever makes such a work publicly accessible, mediates it, puts it into circulation, sells it or otherwise supplies it to another.
The penalty is that of paragraph 1, imprisonment of up to two years or a ban on activity. Imprisonment of up to three years applies where the act causes significant harm to rights, brings a significant benefit, involves posing as an official person, or is committed through the press, film, radio, television, a publicly accessible computer network or a similarly effective means.
Imprisonment of six months to five years applies where the act causes harm to rights on a large scale or brings a benefit on a large scale.
When LexLint raises it
When your app profile says your app generates content with AI.