Defamation
Defamation is a form of slander where deliberately false statements are spread about a person with the intent to damage their reputation. Defamation is a significant problem online, as false claims can spread quickly and widely. The consequences for those affected can include professional, social, or personal harm.
What is defamation?
Defamation occurs when intentionally false statements about a person are disseminated, knowing they are untrue. It is punishable under § 187 of the German Criminal Code (StGB).
Defamation vs. Slander:
In slander (§ 186 StGB), it is sufficient that the statement might be untrue, whereas in defamation, the defamer knowingly spreads a false fact.
Examples:
  • Someone writes in a forum: “Person XY stole money,” even though it is not true.
  • Claims on social media that someone has committed a crime or immoral act, despite being completely fabricated.
  • Defamatory videos or images designed to cast a person in a negative light.
What can you do about defamation?
If you are a victim of defamation, act quickly to prevent further damage. Follow these steps:
  1. Secure evidence: Save screenshots, links, or other proof documenting the defamation.
  2. Report content: Use the platform’s reporting function to have the content reviewed and removed.
  3. Clarify legal situation: Consider taking legal action if the defamation has caused significant harm.
  4. Contact User Rights: If the platform does not respond appropriately, you can submit your case to us.
Is defamation punishable by law?
Yes, defamation is a criminal offense under § 187 StGB. It can result in fines or even imprisonment of up to five years, particularly if it is disseminated publicly and on a large scale.
How does User Rights help?
We assess whether the platform has failed in its moderation duties by not removing defamatory content. Our legal evaluation helps you assert your rights and plan further steps.