Incitement to Hatred

Incitement of Hatred

Incitement of the hatred is a serious offense on the internet. It involves, in particular, inciting hatred against specific groups, violating the dignity of individuals, or calling for violence against minorities. Such content endangers social peace and exacerbates social tensions.

What qualifies as incitement of the hatred?

Incitement of the hatred is punishable under § 130 of the German Criminal Code (StGB) and occurs when someone:

Promotes hatred or violence against specific groups or individuals based on origin, religion, gender, or other characteristics.
Dehumanizes individuals or portrays groups as “inferior.”
Minimizes, denies, or glorifies genocide, the Holocaust, or other serious crimes.
Violates the dignity of individuals by publicly degrading or insulting them.

Examples:

Posts calling for violence against minorities.
Statements such as “All [group] should be eradicated!”
Holocaust denial or dissemination of propaganda material.

What can you do in cases of incitement of the hatred?

Content inciting hatred should be reported and avoided immediately. Steps you can take:

Report: Use the platform’s reporting function to submit the content for review.
Secure evidence: Save screenshots or links before the content is removed.
Submit a case: If the platform does not respond appropriately, you can submit the case to us.

Is incitement of the hatred punishable by law?

Yes, incitement of the hatred is strictly prosecuted in Germany. Those who disseminate such content face significant legal consequences, including heavy fines or even imprisonment. Platforms are also obligated to remove such content promptly.

How does User Rights help?

We evaluate whether the platform has fulfilled its moderation obligations. This includes assessing whether the content falls under criminal law and whether the platform acted correctly. Our legal assessment can help you take further steps, such as filing a report or a complaint with the regulatory authority.

SUBMIT A CASE