Are you a victim of
Hate speech on the Internet?
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The Digital Service Act (DSA) adopted by the European Union obliges social media platforms to report certain criminal offenses that affect life or public safety to law enforcement and judicial authorities. However, offenses such as libel, slander and defamation are not covered by this reporting obligation. In order to prosecute these offenses, it is often necessary to take action yourself, as neither the platforms nor the law enforcement authorities act automatically. There are various legal options available to take effective action against such statements.</p

Whether the dissemination of digital hate online is punishable in a specific case must always be examined individually. It is not possible to make a blanket assessment of criminal liability for the dissemination of hate speech online. Hate speech can constitute various criminal offenses, the application of which must be clarified on a case-by-case basis.

Insult
A statement is qualified as an insult if it no longer focuses on factual debate but on personal defamation. These are defamatory, derogatory statements that are specifically aimed at humiliating the person.

Libel and defamation
Libel and defamation concern the dissemination of false factual claims that are characterized by insulting and disparaging content. These offenses are intended to damage a person's reputation by spreading false and damaging information.

Incitement of the people
Racist or anti-Semitic content on the internet can constitute the criminal offense of incitement of the people. The prerequisite is that incitement to hatred, violence or arbitrariness is made against certain population groups - such as women, migrants, LGBTQ+ members or religious communities - or that they are insulted. The dissemination of such content, for example by sharing it on Facebook, can also be prosecuted.

The condoning of criminal offences, public incitement to commit criminal offences and the use of symbols of unconstitutional or terrorist organizations can also be realized through hate speech.

What many people don't know: Civil law in particular offers effective instruments (often more than criminal law) for taking effective action against offenders. For example, the perpetrators can be requested directly by means of a warning letter to delete the illegal content and to submit a cease-and-desist declaration with penalty clause. The warning letter can also be used to claim compensation for damages and reimbursement of legal fees. Such a procedure with an experienced lawyer often shows faster results than a criminal complaint.

If the offender ignores the warning and the requirements for summary proceedings are met, an interim injunction can be applied for against the offender in court.

In order to assert claims under civil law, the address suitable for service of the offender is required, as otherwise an interim injunction or action cannot be served effectively. If the address is missing, public service can be requested under certain circumstances, but this can be a lengthy procedure.

In practice, it can happen that the name, address and email address of the perpetrator become known in the reporting or complaint procedure with the platform, especially if the author discloses personal information. However, this is rare, as platform operators often do not pass on relevant information or it is redacted.

In addition, it is possible to request information from the platform about "inventory data" such as name, email address and telephone number in accordance with § 21 para. 2 TTDSG. If the identity of the perpetrator becomes known through an information procedure in accordance with Section 21 (2) TTDSG or through the author's statement, the current residential address can be determined by means of a Register of Residents' Information.

If illegal content is published on social media, it can initially be reported directly via the respective app.</p

If the platform does not respond to the report of illegal content or rejects it, the network itself can be held liable by way of so-called "Stoererhaftung".

A person who - without being a perpetrator or participant in the infringement - "intentionally and adequately causally" contributes to the infringement of the legal interest is liable as a disturber according to case law.

The platform is therefore at least liable because it contributed to the infringement being committed in the cases mentioned. The infringed parties can then obtain corresponding claims for injunctive relief or removal against the portals. In this way, it can be enforced in court that the corresponding post is deleted.

In addition to asserting claims against the perpetrator under civil law, a criminal complaint can also be filed. Quick action is often crucial, as a criminal complaint must be filed within three months of becoming aware of the offence, for example in the case of insults.  It is not necessary to know the name and address of the author; the law enforcement authorities can use their investigative powers to determine the identity of the author.

Once the criminal complaint has been filed, the investigating authorities are responsible for conducting the proceedings. Such criminal proceedings often take a long time before a result is available.

It is our aim to support you - we file criminal charges and stand by your side throughout the entire process.