Injunction for Defamation on Social Media

Social media channels such as Instagram, Facebook and Twitter have become an integral part of our lives. Just as these social media have found their way into our everyday lives, the inhibition threshold for insults or defamation of any kind is also falling, as many still see the internet as a lawless space. Regular criminal proceedings and media coverage of "hate speech" on the World Wide Web show that this is not the case. Anyone who spreads lies about a private individual or a company or makes insults against them may be liable to prosecution. What many people do not know is that punishable content such as insults, defamation or incitement to hatred is not covered by freedom of expression. The publication of such comments or messages can have consequences under criminal and civil law.

As a law firm with qualifications in civil and criminal law as well as extensive expertise in media law matters, we are at your disposal and will take action against the perpetrators of defamation both out of court and in court.

In principle, there are two ways to take action against defamation or insults:

- under civil law or
- under criminal law. 

Under civil law, action must first be taken out of court against the perpetrator. However, this is often not entirely unproblematic due to (supposed) anonymity or the use of pseudonyms instead of real names. If the perpetrator is known, the matter is clearer. In this case, you can contact the perpetrator directly and assert claims against them. Hate comments, insults and lies etc. must be refrained from. This may result in claims for removal and injunctive relief, claims for damages or even claims for correction under press law. We can assert these claims on your behalf by first requesting the infringer to delete the relevant posts from the web in out-of-court proceedings. In addition, we demand the submission of a cease-and-desist declaration with a penalty clause with the aim of preventing future statements of this kind.

However, as already mentioned, since the identity of the commentator is often not known, the only remaining option is to contact the portal operator. The first step is to inform the portal operator of the infringement, whereupon the portal operator is obliged to check the facts of the case and delete the content if necessary.

If the out-of-court steps do not lead to the desired success, legal action is available. This is usually realized by means of an interim injunction for removal and injunction, which can be directed against both the infringer and the portal operator. 

The dissemination of falsehoods and insults are punishable under §§ 185 ff. of the German Criminal Code (StGB) and can therefore be prosecuted not only under civil law but also under criminal law.

The relevant facts will be reported to the competent public prosecutor's office in order to initiate preliminary proceedings. As part of an investigation, portal operators are obliged to provide information to the investigating authorities, which is not the case in civil proceedings.

As lawyers, we can request access to the investigation file and use this insight into the documents to identify the perpetrator, which can be used for the civil proceedings.

It has repeatedly paid off to instruct a lawyer in good time to assert claims, as the costs for this are usually borne by the injuring party.

If you have been the victim of libel, lies, hate speech, slander or defamation, please do not hesitate to contact us. Our experienced lawyers will be happy to provide you with an initial assessment and support you both in and out of court.