Can I take legal action against an online harasser?
July 18, 2023 | 40,00 EUR | answered by Johann Kock
Dear Media Law Attorney,
My name is Anna Meyer and I am reaching out to you because I urgently need help. In the past few weeks, I have increasingly become a victim of online harassment. An anonymous user is spreading false information about me on social media and publicly insulting me. As a result, I feel harassed and my privacy has been violated.
I have already tried to reason with the harasser by directly contacting them, but without success. Now I am wondering if there are legal steps I can take against them to stop this harassment. I do not want to continue being a victim of defamation and insults.
My main concern is to put an end to this defamation and be able to navigate the internet safely again, without constantly fearing further attacks. Therefore, I seek your advice: What legal options do I have to take action against the online harasser? Are there laws that can protect me from such attacks? And what could a legal process look like to end this harassment?
I look forward to your support and thank you in advance for your help.
Sincerely,
Anna Meyer
Dear Mrs. Meyer,
I thank you for your trust and for reaching out to me. I am sorry to hear that you have become a victim of online harassment. It is important that you defend yourself against such attacks and protect your rights. In fact, there are legal options to take action against the harasser and stop the harassment.
First and foremost, it is important to know that in Germany, the right to freedom of speech applies, but the limits of the law must also be observed. Insults, defamation, and threats are punishable offenses and can be legally prosecuted. The harasser may have committed a crime if he spread false information about you and publicly insulted you.
In such a case, you can take legal action against the harasser. For example, you could demand a cease-and-desist declaration from him, in which he commits to not spread false information about you and not to insult you anymore. If he fails to comply with this cease-and-desist declaration, you could obtain an injunction or even file a lawsuit against him.
Furthermore, you can file a criminal complaint against the harasser. Insults and defamation are punishable acts under the Criminal Code and can be punished with fines or imprisonment. It is important that you gather evidence to support your accusations, such as screenshots of the insulting remarks.
In such a case, it is advisable to seek advice from a media law attorney to best represent your rights. An attorney can help you initiate the appropriate legal steps and guide you through the process.
I hope this information helps you and encourages you to take action against the harasser. It is important that you do not be intimidated and stand up for your rights. If you have further questions or need legal support, I am here to help.
Sincerely,
Johann Kock, Media Law Attorney
