Upskirting law leaves women on Oktoberfest ride with little recourse

Germany’s upskirting law often does not cover videos of women on the Teufelsrad, an Oktoberfest ride, leaving those filmed with limited legal options, BR reports. Thousands of clips circulate on social media, many presenting women in a sexualised context.

One woman, identified by the pseudonym Sandra, rode the Teufelsrad in a dirndl three years ago. She later learned that a video of her had been posted online. One clip received more than 74 million views, and other videos followed, often showing her bare legs and underwear. Viewers posted numerous degrading comments. At the time of BR’s research, some videos were still available on Facebook, Instagram and YouTube.

Sandra first contacted the ride’s operators, who filed a complaint against an unknown person at her request. Munich prosecutors closed the investigation, saying no victim had been identified. In 2024, Sandra wrote to prosecutors that the “sexist recordings” violated her dignity and that of many other women. She included preview images showing her and other women on the ride, sometimes with their intimate areas covered by smiley faces.

Prosecutors reopened the investigation but closed it again. They said the videos showed the usual course of a Teufelsrad ride and that it could not be established with sufficient certainty that the person filming had recorded the women’s intimate areas. The authority stood by that assessment in response to BR, saying none of the potentially relevant offences had been fulfilled or could be proven.

BR’s investigation linked a man from Bavaria to more than a dozen accounts across several platforms. The most successful Teufelsrad videos associated with those accounts, which have since been deleted, had amassed several hundred million views combined. The man did not respond to BR’s questions. Some videos were removed shortly after the broadcaster contacted him.

Legal limits on the upskirting offence

Since 2021, taking intimate images, including shots under a skirt or into a neckline, has been explicitly criminalised and can carry a prison sentence of up to two years. But the offence under Section 184k of Germany’s Criminal Code often does not apply when an entire ride is filmed, the camera is not focused on intimate areas, or women are wearing cycling shorts.

The Oktoberfest is a public event, where filming other people may be permitted in certain circumstances. The right to one’s own image is also limited in such cases. As a result, many Teufelsrad videos are not criminal under current law, though they can be highly distressing for those filmed. Josephine Ballon, managing director of the nonprofit HateAid, told BR that the experience involves an exceptional situation and a profound loss of control.

Ballon advises people affected to file a report and a formal request for prosecution.