Thousands of videos, hardly any ads: filmed under a dirndl at the Oktoberfest

For over a hundred years, Oktoberfest visitors have been trying to conquer the Devil's Wheel at the Munich Oktoberfest. Whoever manages to stay on the rotating disc the longest wins. Cheered on by the crowd. But when the showman Carl Gabriel set up the devil's wheel for the first time in 1908, there were no smartphones, no internet, no social media. Technical achievements that offer many possibilities and freedom. Opportunities that are specifically used against women and restrict their freedoms.

On social media, users are spreading videos in which women are presented in a sexualized manner. The creators zoom in on the women's bare legs, sometimes down to their underwear, as the skirt of their dirndl rides up due to the speed on the window. Upskirting on the devil's wheel - the problem is not new. But the dimension seems new: thousands of such clips are online, on Instagram, Tiktok, Facebook and YouTube.

Behind these recordings are actors who appear to be systematically filming and distributing the videos in order to increase the reach of their social media accounts. This is shown by current research by Bayerischer Rundfunk. Some videos reach millions of clicks. According to the BR, people sometimes manage several accounts at the same time and some videos are offered for sale online.

The operator of the Devil's Wheel, Elisabeth Polaczy, took over the Oktoberfest attraction in 2004. She gave out free cycling shorts to customers and had signs put up. It says “Upskirting is a crime”. Up to two years in prison is possible. That's right, since 2021 the violation of the intimate area by taking pictures has been anchored in the Criminal Code.

But with the Devil's Wheel videos, the paragraph doesn't always apply. It is true that the person concerned does not necessarily need to file a criminal complaint. The public prosecutor can also investigate if there is a public interest. As a rule, this is answered in the affirmative, explains the Munich public prosecutor's office in response to a taz query.

However, the public prosecutor's office must prove that these were "targeted and unauthorized recordings of the intimate areas protected from view." If the entire devil's wheel is filmed, that's not enough, even if the recording is edited afterwards.

Sometimes AI creates deepfakes of the women depicting them in a sexualized manner. A separate criminal offense that explicitly covers this is yet to come. It is still possible to prosecute under the Art Copyright Act if the personal rights of the person recorded are violated. However, this offense is only prosecuted upon request.

Inquiry with the Munich police: How many reports were there in connection with upskirting at the Oktoberfest this year? So far there are six cases, none of them involving the devil's wheel, they say. However, the number can still rise, Oktoberfest runs until Sunday. The final balance will only be available in around two months.

Last year, the police finally came up with eleven reports of upskirting, as well as one case of downblousing - the secret and unauthorized photographing or filming of a person's cleavage. Here too, no case involved the devil's wheel. However, the Munich police point out that three suspicious perceptions were reported.

According to the public prosecutor's office, a penalty order that provided for a fine was applied for in six cases. Five of them are now legally binding. The five other proceedings were discontinued due to insufficient evidence of the crime.

Anyone who needs support on site at Theresienwiese can contact the Safe Space of the “Sichere Wiesn” campaign. The offer is explicitly aimed at women, girls and non-binary people. There is support here if someone has experienced (sexualized) violence, is in an exceptional psychological situation or if their friends are lost in the crowd.

Help is also available if someone fears they have been filmed. In recent years, hardly any people seeking help have turned to the Safe Space because of “upskirting” at the Oktoberfest, reports Manuela Soller from Amyna, one of the three clubs behind the offer. If so, then the scene of the incident was not the Devil's Wheel, but rather festival tents or toilets. This year, no one has contacted employees in general about upskirting.

Thousands of videos, but hardly any ads and hardly any people seeking help because of upskirting: Maybe this is because those affected only find out late or not at all that they have been filmed. Maybe because they are ashamed. Maybe it's also because they don't know how to report a case - or don't want to. One can only speculate.