Attorney for Cyberbullying
Take swift action against online insults-
We protect your reputation.
- Over 20 years of experience in media law
- Prompt removal of illegal content
- Consistent enforcement of your rights
Act fast—content often spreads within a few hours.
Insults on the Internet
Take swift action against online insults
We protect your reputation.
- Over 20 years of experience in media law
- Prompt removal of illegal content
- Consistent enforcement of your claims
What You Need to Know
No one likes to hear insults, but unfortunately, it happens time and again. Especially online, some people use the protection of anonymity to insult others. Fortunately, there are several ways to defend yourself against insults. For instance, fines of several thousand euros can be imposed for offensive statements, and if a full-blown online backlash erupts, the fine can even exceed 10,000 euros.
- When are statements punishable by law?
- What are your expectations?
- How can you defend yourself?
Is that already a criminal offense?
Opinions are expressed online every day—often directly, emotionally, and in a pointed manner. Especially on social media, the line between permissible criticism and impermissible insults can quickly become blurred. In principle, the Constitution protects freedom of speech. This means that even sharp or exaggerated criticism is permitted.
However, the line is crossed when the focus shifts from a factual debate to the deliberate denigration of a person. In such cases, a criminal offense of insult may have been committed. The specific context of the statement is always decisive—that is, how and in what context it was made.
Also important: Not only the original comment, but also sharing or liking it can have legal consequences.
Our client's case
Our client’s case illustrates just how quickly offensive content on the internet can lead to legal consequences.
Offensive and derogatory comments about her were circulated on social media. The statements were specifically directed at her and no longer served the purpose of objective debate.
Individual posts were commented on, shared, and reposted numerous times. This resulted in a significant reach, which further amplified the impact of the insults.
Although some of the content was deleted, it had already been widely disseminated. Our client therefore decided to take legal action against the authors.
This case highlights typical issues surrounding online insults:
- Offensive content spreads very quickly
- Comments and reactions also amplify the effect
- The line between permissible and criminal defamation is often crossed
Fundamentals of Freedom of Speech
Freedom of expression is a fundamental right and is protected under Article 5 of the Basic Law. It allows individuals to freely express their own views—even when these are critical, exaggerated, or emotionally charged.
This right is frequently exercised, particularly on the internet. Discussions often take a more direct and heated turn than in face-to-face conversations. However, that alone does not make a statement impermissible.
The line is crossed when the focus is no longer on the issue at hand, but rather on the deliberate denigration of a person. In such cases, this is referred to as defamatory criticism—and this is no longer covered by freedom of expression.
Furthermore, a distinction must be made between opinions and factual claims. While opinions are generally protected, false factual claims may be inadmissible and even punishable by law.
- What is allowed?
- Personal opinions—including critical ones
- Objective criticism of people or behavior
- Even exaggerated or emotional language
- What is not allowed?
- Pure insults with no factual basis
- Personal attacks and disparagement
- False factual claims about others
- Where does it get critical?
- Borderline cases between criticism and insult
- Ironic or exaggerated statements
- Context-dependent phrasing
Whether a statement is admissible always depends on the specific circumstances of each case.
Your legal rights
If you have been insulted, defamed, or harmed by false statements online, you have various legal remedies available to you. These arise in particular from civil law (e.g., injunctions, damages) as well as from the criminal provisions of Sections 185 et seq. of the German Criminal Code (StGB). However, which claims exist in a specific case and how they can be enforced depends heavily on the individual circumstances.
» A legal assessment is therefore highly advisable in most cases.
Cease and Desist & Removal
The most important legal remedy for online defamation is the so-called right to injunctive relief.
- Removal of unlawful content (e.g., comments, reviews, posts)
- Prohibition of further similar statements
- Enforcement is also possible against platform operators
In practice, it is crucial to act quickly and in accordance with the law.
Damages & Monetary Compensation
In cases of serious infringements of personal rights, a claim for damages or monetary compensation may exist.
- Compensation for damage to reputation
- Compensation for economic losses (e.g., loss of revenue)
- Claim in cases of persistent or public defamation
Not every insult automatically entitles you to compensation. We'll look into it for you.
Criminal proceedings
In addition to civil claims, criminal proceedings may also be considered.
- Charges of defamation
- Defamation in cases of unverifiable factual claims
Defamation involving knowingly false statements
Criminal proceedings are primarily intended to punish the perpetrator and can create additional pressure.
Whether criminal proceedings are appropriate depends on the individual case—in particular on the severity of the statement and the evidence available.
Claims under competition law
In addition to civil and criminal claims, competition law (UWG) may also apply in cases of statements on the internet that harm a business. This applies in particular when competitors deliberately spread disparaging or defamatory statements—for example, between influencers, companies, or self-employed individuals—and is governed by the law on unfair competition, known as the UWG.
Relevant provisions (Section 4 UWG)
- § 4 No. 1 UWG
Protection against disparagement and denigration of competitors
→ also includes unobjective and personally disparaging statements - § 4 No. 2 UWG
Protection against untrue, business-damaging factual claims
→ the speaker must prove the truth of their statements
Important Requirements
- There must be a competitive relationship
- The statement must be relevant to the business
- There must be actual damage or impairment
Not every insult automatically falls under competition law.
Classification
If a person is deliberately discredited in public by competitors—for example, to gain an advantage for themselves—this may also constitute a violation of the Unfair Competition Act (UWG).
Whether claims under competition law exist should be reviewed by a specialist attorney.
Why legal assistance is a good idea
Insults posted online can spread quickly and have a significant impact on your reputation. At the same time, the legal classification is often unclear and depends on the specific circumstances of each case.
Taking legal action allows you to specifically address unlawful content and effectively enforce your rights before further harm occurs.
Without proper legal classification, there is a risk that content will remain online, continue to spread, or that legal options will go unused
Especially on the internet, swift and structured action is crucial.
If you are affected by online insults, contact us to enforce your rights.
Why seek legal assistance?
Insults posted online can spread quickly and have a significant impact on your reputation. At the same time, the legal classification is often unclear and depends on the specific circumstances of each case.
Taking legal action allows you to specifically address unlawful content and effectively enforce your rights before further harm occurs.
Without proper legal classification, there is a risk that content will remain online, continue to spread, or that legal options will go unused
Especially on the internet, swift and structured action is crucial.
If you are affected by online insults, contact us to enforce your rights.
FAQs on Online Insults
An insult on the internet occurs when a person’s honor is violated by certain statements—such as insults, derogatory remarks, or abusive criticism.
This applies to comments, messages, reviews, or posts on platforms like Instagram, TikTok, or Google.
Important: Emojis, memes, or indirect statements can also constitute an insult.
Yes. Insults are punishable under Section 185 of the German Criminal Code (StGB)—even online.
In addition, civil claims may apply:
cease and desist, damages, monetary compensation, removal of the content
Especially on the internet, reach is crucial → often resulting in more severe consequences.
The line is drawn between:
Opinion (permitted) and
abusive criticism / verbal abuse (prohibited)
Example:
“I think the performance was poor” → permissible
“You’re a complete idiot” → verbal abuse
Context is always the deciding factor.
Typical examples:
Insults (“Idiot,” “Scammer”)
Hate comments
Fake reviews
Public shaming
Offensive memes or videos
Particularly relevant: Google reviews and social media comments
Quick action is crucial:
- Take a screenshot
- Report the platform
- Consult a lawyer
- Demand that the activity cease
- File a criminal complaint if necessary
The sooner you act, the higher the chances of success.
Yes. Platforms are required to remove illegal content (e.g., under the NetzDG).
In addition, you can:
- take direct action against the author
- issue a warning letter take legal action
The costs depend on the specific case (amount in dispute, amount of work involved). For a case involving EUR 10,000, a cease-and-desist letter currently costs EUR 1,032 (1.3 times the attorney’s fee)
The costs are often borne by the offender if the insult is clearly unlawful.
That depends on:
- Reach (followers, views)
- Severity of the statement
- Risk of repetition
- The prominence of the person involved
In serious cases, fines of several thousand euros are possible.
Yes. The perpetrator can often be identified through IP addresses and platform data.
Lawyers can determine the identity through information requests and investigations.
There are two options here:
- Request removal from the platform
- Take legal action against the author
Particularly effective: a combination of both.
Yes: Private (e.g., WhatsApp) → limited reach
Public (e.g., Instagram comment) → significantly more serious
Public insults more often result in claims for damages.
As soon as:
- the statement is made public, your reputation will be damaged
- there are business implications
- the content is not deleted
Timing is crucial here.