Legal options
Hate speech in itself is not an established term in Germany, and does not constitute a criminal offence in its own right, but rather hate speech constitutes various criminal offences that also exist in the off-screen world. Law enforcement authorities often find it difficult to classify the offences correctly, or they are trivialised, and the police often lack the proper expertise. Nevertheless, it can make sense to press charges and initiate criminal complaints. In many instances, hate speech constitutes the following criminal offences:
- Incitement of people (§130 of the German Criminal Code (StGB));
- insult (§185 StGB);
- coercion (§240 StGB);
- threats (§241 StGB);
- character assassination (§ 186);
- defamation (§ 187 StGB);
- stalking (§ 238);
- depiction of violence (§131 StGB);
- dangerous dissemination of personal data (§126 a StGB);
- public incitement to commit criminal offences (§ 111 StGB)
Civil law interventions in the form of warnings, prohibitory injunctions, claims for deletion or modification, but also compensation for pain and suffering and/or claims for damages are also possible.
If you are planning to take legal action, it is important to collect evidence and secure the content beforehand. You can find out how to do this here: How do I document?
As with all legal processes, it is advisable to seek prior legal advice. Legal advice incurs costs. If you have limited financial resources, you can apply to the court for legal aid. You can find out how to apply for legal aid at a specialist counselling centre in your area.
Freedom of opinion?
Freedom of opinion is an important right. This can mean that statements that may be considered disparaging are often left unprosecuted. However, this freedom of opinion ends where other people or groups of people are insulted, threatened, disparaged or denied basic human rights. It goes without saying that these offences are just as serious when they happen online, often even more so, as they are more widespread.