Not the full picture. Literally every expert was against the doll ban except state prosecutors (go wonder). One of their reasons literally being âso we can have more possibilities of putting such individuals to trialâ e. g. if suspected for CSAM, but there is nothing to be found.
Also, literally the only study that is currently available in the ministry of justice says this about fiction:
The majority of the members of the Reform Commission were in favor of excluding clearly fictional child and youth pornography from the criminal code. In particular, the danger of an imitation effect in the case of writings etc. that are clearly recognizable as comic drawings should be disregarded. A sufficient reference to the legal interest is not apparent in this respect. In practice, it is difficult to decide whether a comic figure is underage.
Source: BMJ | Bundesministerium der Justiz | Abschlussbericht der Reformkommission zum Sexualstrafrecht
Also, on October 2023 some IT expert was called to give advice on another draft law (âStore IP addresses in a legally compliant manner and protect children from sexual abuseâ) regarding CSAM and they said:
It is equally questionable to place drawn or AI-generated images, even if they are only similar to child pornography and show fictional fantasy creatures, on the same level as actual child abuse and tortured children. This trivializes the crime and takes away the opportunity to highlight the seriousness of the crime.
Source: Deutscher Bundestag - Mittwoch, 11. Oktober 2023, 12:00 Uhr - IP-Adressen rechtssicher speichern und Kinder vor sexuellem Missbrauch schĂźtzen, Hadmut Danisch
I find it very refreshing to hear this in combination of mass surveillance systems, because it highlights the absurdity. People keep justifying these systems saying they will only be reserved to the most serious crimes. Breaking everyones basic rights for stick figures is hilarious, because that is what the current definition of CSAM allows.
EU asks its member states to limit such invasive systems to crimes that: âharm the national security such as terrorismâ. Should that be put in place then I do think that it can be fought and, at the very least, forced to exclude fictional content.