Partial victory for Christian Ulmen against "Spiegel" on deepfake videos, the main charge remains

In a recent legal dispute between German actor Christian Ulmen and the magazine Spiegel, the Hanseatic Higher Regional Court in Hamburg has partially restricted the publication of certain allegations made against Ulmen. The ruling centers on claims involving deepfake videos, as outlined in a court decision released earlier this week. While some aspects of the Spiegel report have been deemed permissible, other parts—particularly those suggesting Ulmen created or distributed deepfake videos of his former partner, Collien Fernandes—are now prohibited due to insufficient evidence.

The controversy began when Spiegel published a detailed report in March about the alleged creation of fake profiles by Ulmen under Fernandes’ name. According to the report, these profiles were used to contact over 100 men, with approximately 30 of them engaging in communication that allegedly led to the exchange of explicit material and simulated phone calls. However, the Spiegel did not explicitly accuse Ulmen of creating or distributing deepfake videos. Despite this, the court noted that readers might infer such actions based on the content presented.

The court’s decision specifically bars the Spiegel from implying that Ulmen produced or shared deepfake videos featuring Fernandes. This restriction stems from the lack of a “minimum standard of factual basis” regarding these specific accusations. Additionally, the court ruled that the Spiegel could not quote certain text excerpts from an email Ulmen sent to his lawyer. Nevertheless, the court upheld the lower court's decision regarding other parts of the report, particularly those concerning allegations of physical violence.

Ulmen’s lawyers, Christian Schertz and Simon Bergmann, argued that the accusation of creating and/or spreading deepfake videos had sparked an indiscriminate public discussion and contributed significantly to Ulmen’s pretrial prejudice. They emphasized that the claim of virtual rape remained unresolved even after the court’s ruling. In response, Spiegel maintained that the allegation of virtual rape continued to stand despite the legal restrictions placed upon it.

The legal battle follows a broader context where Ulmen and Fernandes, who were married since 2011, announced their separation last year. They share a daughter together. Fernandes’ allegations against Ulmen have sparked significant debate within Germany, highlighting the complex interplay between personal relationships, digital privacy, and media responsibility.

The ongoing investigation into the allegations of violence by the Public Prosecutor's Office in Potsdam adds another layer to the situation. Ulmen denies the accusations made by his ex-wife, asserting his right to be presumed innocent until proven guilty. As the case progresses, it remains to be seen how the legal proceedings will unfold and whether further evidence will emerge to substantiate or refute the claims surrounding both the deepfake videos and the allegations of physical abuse.