What penalties are there for insulting someone on the Internet?
June 11, 2023 | 40,00 EUR | answered by Lina Strauss
Dear lawyer,
I am concerned about a situation that recently occurred on the internet and I hope that you can help me. My name is Carsten Pasche and I recently became a victim of insults on the internet. A former friend spread false and defamatory statements about me on various social media platforms, which have greatly damaged my reputation and credibility. I feel hurt and I would like to know what legal actions I can take against this person.
I am aware that defamation on the internet is a criminal offense, but I am unsure about the specific penalties that my former friend could face. I would like to learn more about the possible legal consequences in order to make an informed decision on how to proceed.
In addition to my question about the potential penalties, I am also interested in possible solutions to limit the damage caused by these insults and to defend my right to protect my personality and honor. I hope that you can help me clarify my legal situation and provide recommendations on the best course of action to address this injustice.
Thank you in advance for your support.
Sincerely,
Carsten Pasche
Dear Mr. Pasche,
I understand your concern and the need to address the insults on the internet that have damaged your reputation. Insults on the internet are indeed legally relevant and can have serious legal consequences for the perpetrator.
First of all, it is important to know that insults on the internet are punishable under § 185 of the German Criminal Code. The perpetrator can be punished with a fine or a prison sentence of up to one year. If the insult was made publicly and has significantly damaged your reputation, it may be considered defamation under § 187 of the German Criminal Code, which can be punished with a higher sentence of up to two years in prison.
To address these insults, I recommend gathering evidence to document the false and defamatory statements made by your former friend. Screenshots of the relevant social media posts or other records can serve as evidence. You should then contact a criminal defense attorney to initiate legal action against the perpetrator.
It is also advisable to request a cease and desist declaration from your former friend to ensure that he does not make any further insulting remarks about you. If he refuses to comply with this demand, further legal action can be taken.
Furthermore, you can also claim compensation to compensate for the damage to your reputation and the intangible harm caused by the insults. An attorney can help you quantify the damage and demand appropriate compensation.
I hope my answers have provided you with more clarity on your legal situation and have helped you take appropriate action against the insults on the internet. Do not hesitate to contact me if you have any further questions or need further assistance.
Sincerely,
Lina Strauss
Criminal Defense Attorney
