Defamation Online: When Lies About You Are a Crime

A story about you is going round the class chat, and it is not true. Under a video, someone claims you stole, cheated or hurt someone. Rumours like these spread fast online and are hard to take back. German criminal law has two specific offences for defamation online and offline: üble Nachrede (defamation) and Verleumdung (malicious defamation, meaning knowingly false claims). This article explains what falls under them online, how they differ and what you can do in general. Whether a specific statement is a criminal offence is assessed by the police, the public prosecutor or a law firm.

Defamation, malicious defamation, insult: what is the difference?

It all starts with one question: is this an opinion or a fact?

• Opinions are value judgements. “She is embarrassing.” Nobody can prove or disprove that. Hurtful value judgements are examined by courts as insult (Beleidigung, § 185 of the Criminal Code, StGB). Where the line lies is explained in Insult or Freedom of Expression?.
• Statements of fact can be checked. “He stole the phone from the changing room.” Whether that is true can in principle be established. Claims like these are what defamation and malicious defamation are about.

Often both are in one sentence. “That fraudster raided the cash box” contains a claim (raided the cash box) and a value judgement (fraudster). Courts then look at what is predominant.

Defamation (§ 186 StGB): when the truth cannot be proved

Defamation (üble Nachrede) is committed by anyone who asserts or spreads a fact about another person that is capable of making them look contemptible or degrading them in public opinion – and that is not provably true.

The last point matters. For the offence, it does not have to be proved that the claim is false. It is enough that its truth cannot be proved. The risk lies with the person who put the claim into the world.

The word spreads is just as important. Not only the person who invents a rumour can commit an offence, but also anyone who passes on someone else's claim. Online, that means sharing, forwarding, reposting in a story.

Penalty: up to one year in prison or a fine. If committed publicly, at a gathering or by distributing content, for example as a public post, up to two years.

Malicious defamation (§ 187 StGB): when someone knowingly lies

Malicious defamation (Verleumdung) is the more serious form. Here someone asserts or spreads an untrue fact against their better knowledge – they know it is not true. It covers claims capable of making you look contemptible, degrading you in public opinion or endangering your creditworthiness (Kredit), meaning how financially trustworthy others consider you.

Penalty: up to two years in prison or a fine. If committed publicly, at a gathering or by distributing content: up to five years.

In practice, it is often hard to prove what the person knew. Defamation under § 186 then often comes into question instead.

People in political life (§ 188 StGB)

There is a separate provision for people in political life – explicitly down to the local level, so it also covers local councillors or mayors. Among other things, the act must be committed publicly, at a gathering or by distributing content, be connected to the person's public position and be capable of making their public work considerably more difficult. The penalties are higher: three months to five years for defamation, six months to five years for malicious defamation.

What if the claim is true?

True facts are neither defamation nor malicious defamation. But a few rules still apply:

• Criminal conviction as proof (§ 190 StGB). If someone has been finally convicted of an offence, the claim that they committed it counts as proved. If the person was finally acquitted, proof of truth is excluded.
• The form can insult (§ 192 StGB). Even a true statement can be punishable as an insult if the degradation follows from the way it was made or from the circumstances.
• Legitimate interests (§ 193 StGB). Someone speaking up, for example to defend their own rights, is treated differently from someone who only wants to expose another person.
• Privacy. Not everyone may spread true information from someone's private or intimate life either. That is mainly a question of civil law and the general right of personality.

Group chat, story, comment: what counts online?

Defamation does not require the whole world to be reading. It is enough that the claim is made to other people. A group chat can therefore be sufficient. Whether a statement also counts as public, so that the higher penalty applies, depends on the individual case, for example on the size and openness of the group.

For you, this means: secure not only the first post, but also who shared or forwarded it. How to do that is explained in Securing Evidence of Online Hate.

What you can do about defamation online

1. Secure evidence. Screenshots with date, link and profile, plus the thread before and after. Note who passed the claim on.
2. Do not reply with counter-claims. A public back-and-forth spreads the rumour further and can make you vulnerable yourself.
3. Report it to the platform. Under the EU Digital Services Act, platforms must handle reports of illegal content and tell you their decision.
4. Watch the deadline. Defamation and malicious defamation are usually only prosecuted if a request for prosecution (Strafantrag) is filed (§ 194 StGB). You have three months, starting from the day you learn of the act and the person behind it. Under § 188 StGB, the public prosecutor can also investigate without a request if there is a special public interest. Details in Criminal Complaints and Deadlines Explained.
5. Have civil-law options checked. Independently of criminal proceedings, an injunction (Unterlassung), removal and, for untrue facts, a correction may come into question. An overview is given in Injunctions and Damages for Violations of Personality Rights.

If the rumour is going round your school, bring in someone you trust, such as your parents, the school social worker or a teacher. Talking also helps if you are not doing well right now: Nummer gegen Kummer is available on 116 111 (Monday to Saturday, 2 pm to 8 pm), the Telefonseelsorge crisis line around the clock on 0800 111 0 111 – both free and in German.

Frequently asked questions

Do I have to prove that the claim is false?

Not for defamation under § 186. It is punishable as soon as the truth of the claim cannot be proved. For malicious defamation, however, it must be established that the claim is false and that the person knew it.

Is it a crime just to forward a rumour?

It can be. The law covers not only asserting but also spreading a fact. Anyone who shares a defamatory claim whose truth cannot be proved can therefore commit an offence themselves.

Is gossiping in a group chat a crime?

That depends on the content. Derogatory value judgements can be an insult; untrue or unproven defamatory claims can be defamation. The fact that the chat is not public does not rule this out.

How long do I have to report it?

Three months for the request for prosecution, starting when you know of the act and the offender. File it as early as possible, if necessary against persons unknown. A simple report (Anzeige) is usually not enough for these offences.

Lies about you online? You do not have to sort it out alone

You can report it through our form. If you say yes, your report goes automatically to a suitable cooperating law firm (Kooperationskanzlei) as soon as one is available. If there is no suitable firm right now, you get an email with other places to turn to straight away. Deadlines keep running: you can always file a request for prosecution (Strafantrag) with the police yourself. The legal assessment comes from the law firm, not from us.