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With the new law, upskirters could face fines of up to €30,000. Photo: Shutterstock 

The bill was submitted by MP Gilles Roth (CSV) in February 2019 and referred to an incident dating back to 2017 when a man was caught filming under women’s skirts on public transport. 

However, as there is currently no criminal provision to sanction voyeuristic behaviour when technology such as smartphones is used, the man could not be charged. “The strict interpretation of criminal law" meant that there was "no indecent assault, no offence against public morals or invasion of privacy” the judicial administration said at the time.

Roth's bill aims to ban so-called upskirting, citing cases in France and Belgium where concrete political action had been taken to penalise voyeurism and similar behaviour. 

Whereas the MP had initially asked for the text to be added to privacy laws, the ministry of justice wanted it brought into the penal code, so that upskirting would considered a crime. 

Once the bill has passed into law, anyone filming or taking pictures of the private parts or the underwear of another person without the latter’s knowledge and consent will be charged. The text covers any behaviour of voyeurism, such as filming a person who is changing in a locker room without their knowledge or filming under women’s skirts. The bill provides aggravating factors for such behaviour when the victim is a minor, when the offence is committed on public transport or when a photo or video has been broadcast on social networks.

The sanctions foreseen in the bill are based on French legislation, so could result in a fine of up to €30,000 euros and a penalty of between two months and two years in prison.