Compensation for Online Insults: Injunctions and Damages

If you are insulted or exposed online, you may ask: can I get compensation for online insults? The short answer: sometimes, but less often than many people think. Other civil-law claims are often more important, namely that the content disappears and that the person does not repeat it. This article gives a general overview of injunctions, removal and monetary compensation under German law, of deadlines and of how you can cover the costs. Whether you have a claim in your case can only be assessed by a law firm.

Criminal law and civil law: two different routes

A criminal complaint aims at the state prosecuting the offence. If someone is sentenced to a fine, the money goes to the state, not to you. Civil law is your own route: you yourself demand something from the person who attacked you, or from the platform. Both routes can run in parallel. A comparison is in Criminal Complaint or Lawyer? Anonymous Offenders, Costs and Removal.

Which right is violated?

The basis is usually the general right of personality (allgemeines Persönlichkeitsrecht). It derives from human dignity and the free development of personality in Germany's Basic Law (Grundgesetz, Art. 1(1) and Art. 2(1) GG) and protects, among other things, your honour, your reputation and your privacy. In civil law, it is protected as an “other right” under § 823(1) of the Civil Code (Bürgerliches Gesetzbuch, BGB). In addition, § 823(2) BGB gives a claim if someone breaches a law meant to protect you, such as the ban on insult (§ 185 StGB).

A special case is the right to your own image. Under § 22 of the Art Copyright Act (Kunsturhebergesetz, KUG), pictures of you may in principle only be distributed or shown publicly with your consent. The law has exceptions.

Injunction: making it stop

The claim for an injunction (Unterlassung) is meant to prevent infringing content from reappearing. It is derived from § 1004 BGB, applied by analogy, together with § 823 BGB. The requirement is that further violations are to be feared. After a violation has already occurred, this is generally assumed.

The usual first step is a formal warning (Abmahnung). The person is asked to remove the content and to sign a cease-and-desist declaration backed by a contractual penalty (strafbewehrte Unterlassungserklärung). If they offend again afterwards, they must pay the penalty. If they do not sign, what remains is a lawsuit or, if it is urgent, an interim injunction (einstweilige Verfügung, §§ 935, 940 of the Code of Civil Procedure, ZPO). This is a fast-track court procedure. It requires the matter to be urgent. If you wait long after finding out, you can lose this option.

Removal, retraction and the platform

Removal: you can demand that the person removes infringing content.

Retraction or correction: for false statements of fact, you can also demand that they be retracted or corrected. This does not apply to opinions. The difference is explained in Defamation Online: When Lies About You Are a Crime.

The platform: platforms are generally only liable for third-party content once they have been specifically notified of illegal content. After that, they must act. Where your personal data are concerned, such as your address or phone number, the right to erasure under Art. 17 GDPR may also apply. It has limits, for example where freedom of expression and information prevails.

When is there compensation for online insults?

Legally, money for violations of personality rights is usually not called damages for pain and suffering (Schmerzensgeld) but monetary compensation (Geldentschädigung). It is not expressly set out in statute. The Federal Court of Justice (Bundesgerichtshof, BGH) derives the claim from the protective mandate of Art. 1 and Art. 2 GG. According to its settled case law, monetary compensation only comes into question if

• the violation is serious, and
• it cannot be satisfactorily remedied in another way, for example by an injunction or retraction.

Whether a violation is serious enough depends on all the circumstances: how strongly your personality was intruded upon, how far the content spread, the person's motive, and how serious their fault is. A single insult is often not enough. Massive, repeated or particularly humiliating attacks can be different. Amounts cannot be given across the board.

Damages for pain and suffering in the narrower sense are available under § 253(2) BGB for injury to body, health, freedom or sexual self-determination. If an attack has demonstrably damaged your health, this can play a role. In addition, damages for concrete financial losses may come into question, for example the legal fees for a justified formal warning.

Against whom are the claims directed?

Against the person who wrote or spread the content and, depending on the case, against the platform. With anonymous accounts, it first has to be established who is behind them. How that works is explained in Who Is Behind the Account? User Data Disclosure Explained.

Minors can be liable too. Under § 828 BGB, children under seven are not responsible. Older minors are liable if they had the insight needed to recognise their responsibility.

Which deadlines apply?

Civil-law claims are generally time-barred after three years (§ 195 BGB). The period starts at the end of the year in which the claim arose and you learned of the circumstances and the person, or would have learned of them without gross negligence (§ 199 BGB). For an interim injunction, by contrast, every week counts. And a request for prosecution (Strafantrag) in criminal law has its own, much shorter deadline of three months.

What does it cost, and who pays?

Advice assistance (Beratungshilfe). If your income is low, you can apply for advice assistance at the local court (Amtsgericht) where you live. It covers advice and, if necessary, representation outside court proceedings, for a small personal contribution. You can also go directly to a law firm and apply afterwards, at the latest four weeks after the advice begins.

Legal aid (Prozesskostenhilfe). For court proceedings, the court can grant legal aid if you cannot bear the costs, or only part of them, and the case has sufficient prospects of success (§ 114 ZPO). Depending on your income, you repay it in instalments. Important: if you lose, you must still reimburse the other side's costs (§ 123 ZPO).

Legal expenses insurance. Check your policy. Whether violations of personality rights are covered differs from contract to contract.

Cost reimbursement. In civil proceedings, the losing party generally bears the costs. Whether the other side can actually pay is another question.

Organisations. HateAid advises people affected by digital violence and funds litigation in certain cases.

What is changing

In October 2026 the German federal government presented a draft law against digital violence (Gesetz gegen digitale Gewalt). Among other things, it is meant to make it easier to enforce the deletion of illegal content even when it is unknown who is behind it. In cases of serious violations with a risk of repetition, people affected would also be able to apply for a temporary suspension of the offending person's account. The cabinet has adopted the draft, but the Bundestag has not yet passed it; it is not in force (as of October 2026). Until then, the law described above applies.

Frequently asked questions

Will I get compensation for an insult on Instagram?

Only in exceptional cases. Under case law, monetary compensation requires a serious violation that cannot be remedied in any other way. An injunction and removal are often the more realistic route.

What is the difference between a formal warning and a criminal complaint?

A criminal complaint goes to the police or public prosecutor and aims at punishment. A formal warning is a civil-law letter to the person themselves, usually from a law firm. It aims at the content disappearing and not coming back.

Do I have to pay the legal fees myself?

Not necessarily. On a low income, there is advice assistance and legal aid. If a formal warning was justified, the costs can be claimed from the other side. Always clarify costs with the law firm beforehand.

How long can I take civil action?

Generally three years from the end of the year in which you learned of the violation and the person. For fast-track proceedings, however, you must act quickly, often within a few weeks.

Report your case

Whether an injunction, removal or monetary compensation comes into question in your case can only be assessed by a law firm. 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. Secure your evidence first, with link, date and context.