Can one legally defend oneself against defamation?
March 5, 2024 | 40,00 EUR | answered by Uwe Riedmüller
Dear Sir/Madam Lawyer,
I am reaching out to you with a question regarding a problem that is currently burdening me. Some time ago, I was publicly defamed by a person spreading false allegations about me. This defamation not only damaged my reputation and credibility, but also significantly affected my personal well-being.
The situation is as follows: my former business partner has spread untrue statements about me, leading to a negative impact on my reputation in the industry. I have attempted to talk to him and persuade him to correct the statements, but without success. Now I wonder if there are legal actions I can take against this defamation.
I am concerned about my professional career and future, as the false allegations continue to circulate and tarnish my reputation. Therefore, it would be of great importance for me to know if and how I can legally defend myself against this defamation. Are there ways to force the defamer to correct their statements or make claims for damages?
I would greatly appreciate it if you could assist me in this difficult situation and provide possible solutions. I am willing to take all necessary steps to protect my honor and reputation.
Thank you in advance for your support.
Sincerely,
Gerda Waldner
Dear Mrs. Waldner,
I understand your concern and your desire to take action against the defamation that has damaged your reputation. Defamation is a serious offense and can be prosecuted both criminally and civilly in Germany.
In criminal law, defamation is regulated in § 187 StGB. This involves the deliberate and knowing dissemination of false factual allegations about a person in order to discredit or defame them in the public opinion. If you have become a victim of defamation, you can file a criminal complaint with the police. Law enforcement authorities will then conduct investigations and, if necessary, bring charges against the defamer.
In civil law, you can also assert claims for damages against the defamer. This can include claiming non-material damages such as damage to reputation and emotional distress caused by the defamation. You can sue for the cessation of the dissemination of false claims or for a public correction by the defamer. Claims for damages for lost professional opportunities or financial losses are also possible.
In such a case, it is advisable to consult a criminal defense attorney to explore your legal options and discuss the best course of action. An attorney can assist you in filing a criminal complaint and enforcing your civil law claims. They will also assess whether an out-of-court settlement with the defamer is possible or if a court proceeding is necessary.
It is important that you collect all evidence and documents that prove the defamation and provide them to your attorney. The more information you have about the defamation and its impact on you, the better your attorney can represent you.
I hope this information is helpful to you and wish you success in asserting your rights against defamation.
Sincerely,
Uwe Riedmüller
Criminal Defense Attorney
