When we are born, everyone is initially the same: naked.

But the public perception of nudity is characterized by a double standard:

While the even non-sexualized representation of naked women's bodies in public spaces and on social media is often censored, this is particularly not the case with the man's bare upper body and the exposed male breast.

After all, you can leave your clothes as you wish within your own four walls, even on your own balcony or terrace. But if these areas are freely visible and neighbors feel disturbed by, for example, sunbathing without clothing, Section 118 of the Administrative Offenses Act (OWiG) can apply: According to this, too much naked skin can constitute a “nuisance to the general public” and therefore an administrative offense.

Although nudity in public is not prohibited by law in Germany, you are "usually only allowed to be naked in designated places", for example on the nudist beach. On the other hand, anyone who walks through a shopping center without clothes or sunbathes stark naked in the city park risks a fine of between five and 1,000 euros under the Administrative Offenses Act.

If the limit to exhibitionism is exceeded – i.e. if someone exposes themselves for sexual pleasure – Section 183 of the Criminal Code (StGB) applies and you can expect a fine or a prison sentence of up to one year. The StGB refers here to exhibitionist acts by men. Conversely, women cannot be prosecuted criminally in this context.

The exact opposite is true when swimming or sunbathing topless. While there are hardly any reasons for men to hide their nipples, naked women's breasts are often still taboo. On Instagram they lead to the deletion of the content.

There is no uniform regulation regarding topless bathing in Germany. At public bathing areas, communities decide for themselves whether topless swimming for women is allowed or not. In such cases, municipalities can refer to Section 118 of the OWiG: Anyone who acts in a “grossly improper manner” and thus harasses others must expect a fine.