Am I allowed to publish private messages without permission?
July 20, 2022 | 40,00 EUR | answered by Christiane Melzer
Dear lawyer,
My name is Lorenzo Tressel and I have an urgent question regarding internet law. I received an insulting message from someone in a private chat. Now I am considering whether I am allowed to publish this private message without the person's permission in order to defend myself against the insult.
I am concerned that this could potentially lead to legal consequences, as it is a private conversation and the person may have a right to privacy. At the same time, I want to defend myself against the insult and show that I will not just let someone badmouth me.
Could you please inform me if it is allowed to publish private messages without the person's permission and what legal aspects need to be considered? Are there possible solutions to defend myself against the insult without violating the law?
Thank you in advance for your help.
Sincerely,
Lorenzo Tressel
Dear Mr. Tressel,
Thank you for your inquiry regarding internet law. Before addressing your specific question, I would like to clarify some basic legal aspects.
Generally, private messages are subject to the protection of privacy. This means that you generally cannot publish private messages without the consent of the person involved. This is derived from the general right to privacy, which also includes the right to informational self-determination. This right states that everyone has the right to determine which personal information about them is published.
Publishing private messages without the consent of the person involved can have legal consequences. Depending on the content of the message and the circumstances of the case, this could constitute a violation of the general right to privacy or data protection laws. In your specific case, it would need to be weighed whether the interest in publishing the offensive message outweighs the right to privacy of the person involved.
However, there are exceptions that allow for the publication of private messages without the consent of the person involved under certain circumstances. For example, this may be the case if the publication is necessary to defend against an unlawful act (such as defamation). In this case, strict legal requirements must be met for the publication to be justified.
To defend against defamation, you also have other options that are in accordance with the law. For example, you could directly request the person involved to cease the defamation or consider legal actions, such as filing a criminal complaint for defamation or a civil lawsuit for injunction and damages.
Overall, it is important to carefully consider the legal and moral aspects in such a situation. It is also advisable to seek advice from a lawyer to minimize potential legal risks and find an appropriate course of action.
I hope this information has been helpful to you. If you have any further questions or need legal advice, I am at your disposal.
Sincerely,
Christiane Melzer
