Hate Speech

Hate speech (often referred to as “hatespeech”) is a form of communication aimed at inciting hatred against individuals or groups, dehumanizing them, or discriminating against them. It often targets characteristics such as origin, religion, gender, or sexual orientation. Hate speech is a growing problem online, threatening democratic discourse and often accompanied by disinformation or incitement.

Hate speech is not always punishable by law. However, social media platforms are allowed to set their own rules within a certain framework through their general terms and conditions (“Community Standards”). As of now, all major social media platforms prohibit hate speech or hateful behavior. In borderline cases, we evaluate the conflicting fundamental rights, particularly the freedom of expression of the author.

What is Hate Speech?
Hate speech includes statements that:
  • Spread hatred against individuals or groups, such as racist, sexist, or antisemitic comments.
  • Reinforce prejudices by defaming or dehumanizing people based on certain characteristics.
  • Promote violence or discrimination, either directly or through subtle implications.
Common Debates:
Hate speech is often confused with freedom of expression. While freedom of expression is a fundamental right, it does not protect statements that promote violence, discriminate, or intentionally incite hatred.
What can you do about hate speech?
Hate speech should be reported and not tolerated. Follow these steps:
  1. Secure evidence: Take screenshots or save links to document the incident.
  2. Report: Use the platform’s reporting feature to have the content reviewed and potentially removed.
  3. Submit a case: If the platform does not respond or fails to remove the content, you can submit your case to us.
Is hate speech punishable by law?
Yes, hate speech can be punishable in Germany. It often falls under § 130 of the German Criminal Code (Incitement of the People), § 185 (Insult), or other provisions such as § 241 (Threats). Hate speech is particularly severe when it is publicly disseminated and promotes prejudice or violence.
How does User Rights help?
We assess whether the platform has appropriately responded to hate speech. Our legal evaluation helps you enforce your rights and take action against hate speech. We ensure that platforms fulfill their responsibilities and act appropriately.