What legal steps can I take against cyberstalking?
August 29, 2023 | 40,00 EUR | answered by Wanda Hartmann
Dear Internet and Computer Law Attorney,
I am reaching out to you today with an urgent question, as I have recently become a victim of cyberstalking and am unsure of what legal steps I can take to address it. My name is Siegfried Reuter, and I am concerned about my safety and privacy on the internet.
The situation is as follows: in recent weeks, I have noticed that someone has been spreading my private data online and harassing me. I continuously receive unwanted messages, threats, and insulting comments on my social media profiles. Additionally, my online account has been hacked, and sensitive information about me has been disclosed. I feel increasingly threatened and urgently want to take action against it.
The current state of affairs is very concerning to me, as I feel severely impacted in my privacy and safety on the internet. I have tried to identify and block the perpetrator myself, but without success. Therefore, I urgently need legal advice to address cyberstalking and effectively protect myself from it.
My concerns are significant, as I do not know how to defend myself against this form of harassment and violation of my privacy. Therefore, my question to you is: what legal steps can I take against cyberstalking? Are there any legislative regulations or protective mechanisms that can help me identify the perpetrator and hold them accountable legally? What options do I have to effectively protect myself from further attacks on the internet?
I thank you in advance for your support and look forward to your professional advice.
Sincerely,
Siegfried Reuter
Dear Mr. Reuter,
Thank you for your inquiry and your trust in my expertise in the field of internet and computer law. I am sorry to hear that you have become a victim of cyberstalking and feel threatened in your privacy and security online. Cyberstalking is a serious crime that requires legal action to protect you and hold the perpetrator accountable.
First and foremost, it is important to know that cyberstalking is punishable in Germany. According to § 238 of the Penal Code (Strafgesetzbuch), cyberstalking constitutes a form of harassment and can be punished with imprisonment of up to three years or a fine. So if you are a victim of cyberstalking, you can take legal action against the perpetrator by filing a report with the police.
In addition, there are also civil remedies available to combat cyberstalking. You can request a restraining order to compel the perpetrator to cease all contact with you. This order prohibits the perpetrator from harassing, threatening, or spreading your data. If the perpetrator can be identified, you can also claim damages and sue for injunction.
It is advisable to gather evidence of cyberstalking, such as screenshots of offensive messages or threats. This evidence can help you identify the perpetrator and take legal action against them. It is also recommended to document all communication with the perpetrator and seek guidance from a specialized lawyer in internet and computer law to support you in this process.
In addition to legal measures, there are also technical protection mechanisms that can help protect you from further attacks online. Updating your passwords, using security software, and reviewing your privacy settings on social media are important steps to safeguard your personal data.
Overall, it is important that you take cyberstalking seriously and take appropriate legal steps to protect yourself and hold the perpetrator accountable. I strongly recommend contacting the police to file a report and seeking assistance from a lawyer to support you in this process.
I hope that my response is helpful to you and I am available for any further questions.
Sincerely,
Wanda Hartmann
Lawyer for Internet and Computer Law
