Reporting Racism Online: Where, How and What Is Illegal

Reporting racism online is worth it, even if it often does not feel that way. Racist comments, direct messages and memes are not a harmless opinion. Many of them are criminal offences in Germany, and almost all of them break platform rules. This guide shows you where to report racist content, how to document it and where the line runs between an insult and incitement to hatred. It gives general information and does not replace a legal assessment of your case.

You are not alone. In the representative study “Lauter Hass – leiser Rückzug” (Loud Hate – Quiet Retreat; Kompetenznetzwerk gegen Hass im Netz, 2024), people with a visible migration background were among the groups who, by their own account, are hit by online hate particularly often. At the same time, only 5 per cent of all respondents had ever reported hate against themselves to the police. Many offences therefore remain invisible.

What can be a criminal offence when racism happens online

There is no single offence called “racism” in the German Criminal Code (Strafgesetzbuch, StGB). Depending on the content and form, different sections may apply:

• Insult (Beleidigung, § 185 StGB): a specific person is degraded, for example with a racist slur in a comment or message.
• Inciting insult (verhetzende Beleidigung, § 192a StGB): someone sends you unsolicited content that attacks the human dignity of a group, for example because of its origin or religion, and you belong to that group. Racist images or texts sent by direct message are typical. Penalty: up to two years' imprisonment or a fine.
• Incitement to hatred (Volksverhetzung, § 130 StGB): stirring up hatred, calling for violence or attacking the human dignity of a group, or of individuals because they belong to it, in a way that can disturb public peace. Penalty: three months to five years.
• Threat (Bedrohung, § 241 StGB): someone threatens you or people close to you with violence.
• Symbols of unconstitutional organisations (§ 86a StGB): for example swastikas or SS runes in profile pictures or posts.

Racist motives also affect the sentence. Under § 46(2) StGB, the court must expressly take racist, xenophobic and antisemitic motives into account when deciding on the penalty.

Incitement to hatred or insult: what is the difference?

The distinction sounds technical, but it has practical consequences.

Insult protects the honour of a specific person. It is an offence prosecuted only on request (Antragsdelikt): as a rule, it is only prosecuted if you file a request for prosecution (Strafantrag) within three months. Inciting insult also requires a request. Here, however, the public prosecutor can investigate without one if it sees a special public interest.

Incitement to hatred protects public peace. It targets groups, or individuals as members of a group, and requires a certain public effect. It is prosecuted ex officio (Offizialdelikt): the authorities investigate on their own, anyone can report it, and no request for prosecution is needed.

Three made-up examples for orientation, not a legal assessment:

• A comment under your photo calls you a racist slur. That can be an insult.
• An unknown account sends you a meme by direct message that equates Black people with animals. That can be an inciting insult.
• A public post with a large reach calls refugees “vermin” that must be “got rid of”. That can be incitement to hatred.

Often more than one section applies. The police, the public prosecutor or a law firm make the legal assessment. Where freedom of expression ends is explained in Insult or Freedom of Expression? Where the Line Lies. Everything about § 130 StGB is in Incitement to Hatred Online: What Is a Criminal Offence.

How to document racist content properly

Secure first, then report. Otherwise the evidence is gone as soon as the platform deletes the content or the account removes the post.

• Screenshot with context: the content, profile name, date and time, plus the post the comment appears under.
• Save the links: the link to the post and to the profile. Display names can be changed; the profile address is more reliable.
• Explain codes: racism often comes in coded form, through emojis, number codes or allusions. Write down what you recognise in it and why. Otherwise outsiders may not understand it.
• Record patterns: do the attacks come from several accounts or again and again? Keep a simple list with date, platform, profile and link.
• Do not share it: do not post racist content publicly, not even as a warning. Anyone who spreads content that incites hatred can commit an offence themselves.

Instructions for Instagram, TikTok, X, Facebook and WhatsApp are in How to Secure Evidence of Online Hate.

Where can I report racism online?

1. To the platform

Use the report function, usually in the three-dot menu. If there is a separate option for illegal content, choose it and add one or two sentences on why you think the content is a criminal offence. Under the EU Digital Services Act (DSA), the platform must process your report and tell you its decision. If it rejects your report, you can lodge a complaint with it.

2. To the police

You can file a report at any police station or online via the police online station (Onlinewache), where you choose your federal state. For insults, state explicitly: “I file a request for prosecution for all offences that may apply.” For incitement to hatred, the report is enough. If you are threatened with violence and feel in immediate danger, call 110, the police emergency number in Germany.

3. To reporting points and support services

Specialised organisations accept reports of online hate. Germany's Federal Network Agency (Bundesnetzagentur) has approved some of them as trusted flaggers, for example the reporting point REspect! of the Jugendstiftung Baden-Württemberg and HateAid. Platforms must process their reports as a priority. HateAid also advises people affected by digital violence. Young people can get free peer counselling at JUUUPORT.

4. As a witness

You do not have to be the target yourself. You can report racist hate against others in the same way. For incitement to hatred, no request for prosecution by those affected is needed.

Protecting yourself while you take action

Racist attacks do not only hit your profile, they hit you. You do not have to read every comment yourself. Ask someone you trust to secure the content for you. Turn off notifications or use comment word filters if your platform offers them. Do not reply to the attacks; that often makes things worse. If all of this weighs heavily on you, read Mental Health After Online Hate: What Helps Now. Talking helps: the Telefonseelsorge (a free crisis line) is available around the clock on 0800 111 0 111, and the Nummer gegen Kummer for children and young people on 116 111 (Monday to Saturday, 2 pm to 8 pm). Both are in German.

Frequently asked questions

Is every racist comment a criminal offence?

No. Not every racist statement meets the elements of an offence. Many do break platform rules, though, and can be reported there. Whether content is a criminal offence is assessed by the police, the public prosecutor or a law firm.

Do I have to be affected myself to report racism?

No. Anyone can file a criminal complaint. For incitement to hatred, the authorities investigate on their own. Only insult offences usually require a request for prosecution by the person insulted.

How long do I have to report it?

For an insult, you have three months to file the request for prosecution, starting when you learn of the act and the offender. Incitement to hatred is prosecuted without a request. Still, the earlier you report, the better the chance that data about the account can be secured.

Is reporting to the platform worth it?

The platform must process your report and tell you its decision. A deletion ends the attack on the platform but punishes nobody. For that, you also need a criminal complaint.

Report your case

If you are the target of racist attacks and want to know which legal steps are possible, 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. A report to us is not a criminal complaint. If you want to press charges, contact the police as well.