Can I be reported for defamation on the internet?
January 7, 2024 | 45,00 EUR | answered by Ludwig Kuhn
Dear lawyer,
My name is Jessica Nitsche and I have a question regarding a possible complaint for defamation on the internet. In recent weeks, I have been more active on social media platforms such as Facebook and Instagram and have noticed that some of my posts have been perceived as offensive by other users. I am aware that defamation can be prosecuted under criminal law and therefore I am concerned about whether I may face legal consequences for my statements on the internet.
I did not intentionally offend anyone, however, it is possible that my words were misinterpreted or triggered negative feelings in other individuals. I do not want to have any legal problems and I am wondering if it is possible for me to be reported for defamation on the internet. How can I protect myself from this and what can I do to avoid a complaint?
I kindly request your professional assessment and possible solutions to legally protect myself in this situation. Thank you in advance for your assistance.
Sincerely,
Jessica Nitsche
Dear Mrs. Nitsche,
Thank you for your inquiry regarding a possible complaint for insult on the internet. I understand your concerns and would like to provide you with a detailed response to your questions.
Insulting someone on the internet can indeed have legal consequences. According to § 185 of the German Criminal Code (StGB), it is punishable to insult another person in public. This also applies to statements made on social media platforms such as Facebook or Instagram. It is important to note that it does not matter whether the insult was intentional or negligent. What matters is whether your statements are capable of lowering someone's honor.
To protect yourself from a complaint for insult on the internet, it is advisable to take some measures. First and foremost, make sure that your statements are factual and respectful. Avoid making insulting or defamatory remarks, even if you are engaged in a heated discussion. Take your time to carefully choose your words and consider how your statements may be perceived by other users.
Furthermore, it is helpful to educate yourself about the legal framework regarding insults. This way, you can better assess which statements could be legally relevant and which are not. If in doubt, it is recommended to seek legal advice before publishing posts to ensure that you do not violate any laws.
If you are still confronted with a complaint for insult, it is important to react calmly and thoughtfully. Take the accusations seriously and seek legal support if necessary to protect your rights. Clarifying the situation early on can help avoid or at least mitigate legal consequences.
In conclusion, prevention is the best protection against legal problems. Therefore, be mindful of your statements on the internet and interact respectfully with other users. By following these tips, you can minimize the chances of being reported for insult on the internet.
I hope that my explanations are helpful to you and I am available for further questions.
Sincerely,
Ludwig Kuhn
Attorney at Law
