Insult Online under Sections 185 ff. StGB - What Accused Persons Need to Know

A Complaint for Insult Online? Do Not Underestimate It

A heated comment under a post, an angry review, a remark in a WhatsApp group or an exchange of blows on social networks: online, a line is quickly crossed. What is typed in the heat of the moment can lead to a criminal complaint for insult, defamation or slander. Many underestimate this because it seems to be only words online. But criminal law takes violations of honor seriously, and online there are often aggravating circumstances.

This article explains what Sections 185 ff. StGB cover, what penalty is at stake, why statements online are particularly delicate and how to behave correctly when a complaint is on the table.

What Sections 185 ff. StGB Cover

Criminal law protects honor through several offenses. Insult under Section 185 StGB covers the expression of disrespect or disregard towards a person, for example through a swear word or a derogatory statement. Defamation under Section 186 StGB concerns asserting or spreading a dishonoring fact about another that is not provably true. Slander under Section 187 StGB, finally, covers asserting or spreading an untrue dishonoring fact against better knowledge.

The important difference lies between a value judgment and a factual assertion. An opinion is protected by fundamental rights but can be punishable as an insult if it only serves to demean. An untrue factual assertion weighs more heavily. This very distinction is often the core of the defense.

Why the Internet Aggravates Matters

A statement online is not a fleeting word. It is written, permanently stored, often public and visible to many. This has two consequences. First, it is easy to prove; a screenshot suffices. Second, public dissemination can have an aggravating effect. The law provides an increased penalty range for violations of honor committed publicly or through the dissemination of content.

This means: the same statement that might remain without consequences in private can weigh significantly more heavily online, before a large audience. Precisely on social networks, under videos or in public groups, this aspect is quickly fulfilled.

"Many believe a comment online is harmless because you can delete it again. But the screenshot already exists. Online, the evidence is often extremely simple for the public prosecutor, and that is precisely why such complaints should be taken seriously."

• →Tom Beisel, Attorney

The Penalty Range

Insult under Section 185 StGB is punishable by imprisonment of up to one year or a fine; with public commission or dissemination of content, the range increases to up to two years. Defamation and slander also provide for increased penalty ranges in the case of public commission, with slander as the most serious of these offenses carrying the highest. In addition, there are possible civil-law consequences such as injunction and damages claims, which exist independently of the criminal proceedings.

How to Behave Correctly

If a complaint or summons for a statement online exists, the same applies as in any criminal proceedings. First make no statement on the matter, but have access to the case file taken through a defense lawyer. Only then can it be assessed how strong the accusation is, whether it is a protected value judgment or a punishable statement, and what strategy makes sense.

Often there are good defense approaches. The distinction between a permissible opinion and a punishable insult, the context of the statement, questions of the authorship of an account or the possibility of a discontinuation of the proceedings can decisively influence the outcome.

Frequently Asked Questions

Is an insult online really punishable?

Yes. Violations of honor under Sections 185 ff. StGB are also punishable online, and public dissemination can even have an aggravating effect.

What is the difference between insult and defamation?

Insult is a demeaning statement or value judgment. Defamation concerns spreading a dishonoring fact that is not provably true. Slander is the knowingly untrue factual assertion.

Is it enough to delete the comment?

Deleting can be sensible but does not undo the act already committed. Often a screenshot exists anyway. Have the situation reviewed by a lawyer.

Do I have to respond to the summons?

As an accused person, you do not have to make any statement on the matter. Seek legal advice first before you comment.

Have you been reported for a statement online? Do not react impulsively, remain silent on the matter and seek legal advice. I defend you discreetly and nationwide and check whether a punishable statement even exists. Get in touch directly.