Defamation Lawyers in Germany

In German criminal and defamation law, the concept of “personal honour” (persönliche Ehre) holds significant importance as a fundamental principle underlying the protection of individual dignity and reputation. While the term may seem abstract, its legal interpretation and application are well-defined within the context of German law. In German criminal law, various offences of defamation are standardised in §§ 185-189 StGB. The three most relevant offences are insult (§ 185 StGB), defamation (§ 186 StGB) and slander (§ 187 StGB). They all have in common that they protect “personal honour” and criminalise its deliberate violation by another person. But what does this personal honour mean?

Under German criminal law, personal honour is enshrined in § 185 StGB. This provision stipulates that anyone who unlawfully insults another person’s personal honour through spoken, written, or otherwise communicated statements can be subject to criminal liability. The notion of personal honour encompasses a person’s inherent dignity, reputation, and social standing, reflecting their right to be respected and valued within society.

If a person feels personally attacked and their honour violated by a statement, the next step is to ask whether the statement is a statement of fact, which can be either true or untrue, or whether it is a value judgement and thus a statement of opinion. This distinction is decisive for determining which criminal liability may apply. Nevertheless, it is not always straightforward to distinguish, as value judgements and facts are often mixed within a statement. Facts are understood to be all conditions, processes or events of the present or the past that are accessible to evidence. This can also include internal facts, such as motives or intentions, insofar as they are outwardly recognisable.

The essential evidential capacity of a fact thus generally makes it possible to determine whether the allegation is true or untrue. For a factual allegation to be relevant, it must be a “defamatory” fact, which is fulfilled if the fact expresses disrespect or disregard and is likely to affect the personal honour of the person. In the case of untrue statements of fact, the offences of defamation (§ 187 StGB) and defamation (§ 186 StGB) come into consideration. On the other hand, personal value judgements are all subjective evaluations, assessments, or conclusions characterised by opinion and are beyond proof. Value judgements are, therefore, personal opinions, so persons who make offensive statements often invoke their right to freedom of expression under § 5(1) German Constitution.

This fundamental right carries more weight in the context of value judgements than in the case of factual assertions, so the distinction is also of enormous importance here. However, the limit of freedom of expression is reached in the case of “defamatory criticism”, which is understood as an insulting statement that no longer serves to discuss the matter but only to defame and disparage the person. When this limit is crossed must always be considered and assessed in the concrete individual case based on the particular circumstances. If the challenged statement is such an expression of opinion, only criminal liability for insult (§ 185 StGB) can be considered.

Discovering that you have been defamed can be distressing, but taking prompt and decisive action is crucial to protect your reputation and seek redress under German law. If you find yourself in a situation where a person has insulted you or is threatening to insult you, you can take some measures:

• Talk to the other side: resolving the matter out of court before taking legal action can save time and money for all sides,
• Out-of-court cease-and-desist letters,
• Injunctions/judicial restraining orders,
• Criminal proceedings.

Please note that these are some general measures you can take. Which action is most appropriate for your situation depends on the individual circumstances of each case. Before taking legal action, it is advisable to gather data and evidence. Evidence can include screenshots, witness statements, financial records, emails, etc. Collecting data and evidence is advisable in all cases, regardless of whether you are accusing someone of libel, slander or defending yourself against such accusations.

It may be required to consult with our German defamation law team. Our lawyers will assess the merits of your case, explain your legal rights and options, and guide you through the defamation claims process. They will support you by filing a defamation lawsuit against the responsible party if necessary. Our team will represent you in court, presenting evidence, making legal arguments, and seeking remedies for the harm caused by the defamation. In so doing, we will follow all legal procedures and deadlines associated with defamation claims in Germany, adhering to procedural requirements.

Outside of court, our team can also advise clients about implementing reputation management strategies to mitigate the impact of defamation on their personal or professional reputation. The exact strategy will depend on the individual factors of the case, but examples of such measures may include issuing public statements and responding to inquiries or allegations.

If you seek to talk to the other party before taking legal action. In that case, you should approach the situation calmly and work towards removing the disparaging information and having a written apology or correction published. In any case, you should prepare a cease-and-desist declaration (possibly with a penalty clause) so that the other side does not repeat the statements in the future. Also, have a witness accompany you and record the course of the conversation in writing.

Many cases of insults can be solved without involving lawyers and the courts. However, if the person is unwilling to take redress measures and ignores your request, it is advisable to consult a lawyer. Similarly, if you are approached for allegedly making disparaging remarks: It is worth looking into the matter. It is vital to gather any evidence you have that may be relevant concerning the allegations. Even if the evidence is valid and you are convinced that what you have said or written is not defamatory, you should contact a lawyer. Even in this case, seeking legal advice can only be beneficial to you.

If an out-of-court settlement fails, it is possible to file an action for an injunction in court and, at the same time, apply for a temporary restraining order. Such a preliminary injunction prevents the (first) publication or repetition of the statement in question since a violation of a preliminary injunction entails legal action on the part of the person violating it.

Such a preliminary injunction should be sought from the court if the offensive or defamatory information could lead to financial loss if published or repeated. A preliminary injunction can thus effectively protect a company’s reputation because legal proceedings to prove defamation or slander can often take years. A successful application for a preliminary injunction can prevent the publication/repetition of damaging statements and thus protect the company until the court proceedings have been conducted. Make sure to consult a criminal lawyer before applying for an injunction.

If you, as the person concerned, decide to initiate criminal proceedings for defamatory statements (§§ 185-187 StGB). In that case, it must be noted that, in principle, a criminal complaint must be filed within three months after you became aware of the defamatory act (§ 77b StGB). Without your application, it is impossible to initiate proceedings. The matter can be reported to the public prosecutor’s office and the competent district court. Evidence must be presented for such a criminal complaint. If the matter is referred to the authorities, they must have sufficient reason to initiate criminal proceedings. The suspicion of libel, slander or defamation must, therefore, not only be alleged but substantiated by presenting circumstantial evidence and proof. For example, a printed work containing the allegedly defamatory statement would be strong evidence.

It can still happen that the case is rejected by the public prosecutor’s office and not pursued further, for example, in cases of insufficient public interest. Nevertheless, every affected person has a right to prosecution, which is why a rejection does not mean that criminal proceedings are entirely ruled out. In such constellations, the public prosecutor’s office usually refers to private prosecution (§ 374 German Criminal Procedure Code).

In such a private prosecution, the person concerned, as the plaintiff, takes over the prosecution and assumes the public prosecutor’s role. They must, in particular, collect and present the evidence themselves. Inspecting files, collecting evidence, compiling arguments and working with witnesses is very demanding and can therefore be extremely difficult without the help of a lawyer. In cases where a private person conducts the proceedings, the same legal requirements apply to the arguments and evidence presented as in the “usual” state-led proceedings.

For successful proceedings in this way, legal advice and cooperation are therefore not only advisable but almost indispensable, considering the scope, complexity and legal difficulties that frequently arise. In such a case, our legal experts at Schlun & Elseven Rechtsanwälte will also be happy to advise and support you.

At Schlun & Elseven Rechtsanwälte, we understand the profound impact that defamation can have on individuals and businesses in Germany. As a full-service law firm, we take on the crucial role of safeguarding our clients’ reputations and ensuring that they receive the justice they deserve. Furthermore, our law firm understands how these matters can affect international clients who may struggle with facing the complexities of the German legal system and related norms. With a deep understanding of German defamation laws and jurisprudence, we support clients worldwide in dealing with defamation litigation in Germany.

When representing clients involved in defamation cases, we go beyond mere legal representation. We become trusted advisors and advocates, guiding our clients through every stage of the legal process and empowering them to make informed decisions. Whether through strategic negotiation, out-of-court settlements, or vigorous courtroom advocacy, we pursue the most favourable outcomes for our clients with unwavering determination. At Schlun & Elseven Rechtsanwälte, we are committed to advocating for our clients’ rights and seeking remedies for the harm caused by defamation. We tirelessly pursue compensation for reputational damage, emotional distress, and financial losses, ensuring that our clients’ voices are heard and their grievances addressed.

Moreover, we believe in the power of education and empowerment. We provide our clients with the knowledge, resources, and support they need to deal with defamation-related challenges effectively. By arming them with a deep understanding of their rights and legal options, we enable our clients to confront defamation with confidence and resilience.

Mitigating the risk of defamation is essential for individuals and businesses alike, and Schlun & Elseven Rechtsanwälte stands ready to provide comprehensive legal solutions tailored to your needs. Our firm specialises in German defamation law and offers proactive strategies to protect your reputation and face defamation challenges effectively.

With our expertise in German defamation law, we offer practical tips and strategies for preventing defamation incidents. Our proactive reputation management solutions include developing clear communication policies and guidelines to ensure responsible communication practices within your organisation. We assist clients in cultivating a positive online presence through strategic engagement on social media platforms, professional networking sites, and industry forums.

In the event of defamatory statements, Schlun & Elseven Rechtsanwälte provides guidance on swift and effective response strategies. Our legal team evaluates the nature and severity of defamatory statements, advising clients on appropriate courses of action to minimise reputational harm. We offer strategic counsel on engaging with online reputation threats, including tactful responses to false allegations and negative reviews. Our firm understands the importance of protecting your reputation in today’s digital landscape. Our full-service legal solutions encompass proactive defamation prevention measures and effective responses to defamation incidents, ensuring that your reputation remains safeguarded in all matters relating to defamation law.