Online Harassment in Germany: Legal Defence

Online harassment in Germany is addressed through comprehensive laws designed to regulate digital behaviour and protect individuals from cyber threats. These legal provisions focus on prosecuting those accused of harassment, ensuring accountability under criminal law.

Crucial statutes within the German legal system, such as the Criminal Code (Strafgesetzbuch), criminalise behaviours like defamation, stalking, threats, and incitement to hatred. The Netzwerkdurchsetzungsgesetz (Network Enforcement Act — NetzDG) is significant legislation introduced to combat hate speech and illegal content online. It further compels social media platforms to remove illegal content promptly, including hate speech and defamation, to prevent the spread of harmful material. These laws enable law enforcement to investigate and prosecute online harassment effectively.

Those accused of online harassment face serious legal consequences and should seek expert legal defence. At Schlun & Elseven Rechtsanwälte, our experienced lawyers provide comprehensive legal assistance, helping clients navigate the complexities of the German legal system, protect their rights, and address any accusations of digital misconduct.

Cyberstalking is one of the most severe forms of online harassment in Germany, involving relentless pursuit and harassment in the digital realm. This behaviour can include continuous messages, unsolicited photos, and attempts to contact the victim’s online friends, causing immense distress and fear. In Germany, cyberstalking is explicitly criminalized under § 238 German Criminal Code (Strafgesetzbuch). Additional provisions address related offences like defamation, online threats, and privacy violations. These laws provide a basis for legal action against those accused of cyberstalking.

At Schlun & Elseven Rechtsanwälte, our legal experts are well-versed in defending against cyberstalking accusations. We carefully assess each case to determine the most appropriate defence strategy, whether it involves criminal law intervention, civil litigation, or protective measures. Our services include thorough investigations to gather evidence that supports your case, as well as identifying and addressing any procedural errors or violations of your rights during the investigative process. We provide skilled representation in court, leveraging our deep understanding of German law to challenge accusations and protect your interests.

At Schlun & Elseven Rechtsanwälte, we specialise in applying a strategic and tailored approach to defend individuals accused of online harassment in Germany. Our practice revolves around using various legal defences to protect our clients’ rights and achieve favourable outcomes. Central to our defence strategy is examining the allegations and evidence presented against our clients. We thoroughly analyse the circumstances surrounding the accusations, scrutinising the validity and context of the statements or actions in question. This scrutiny allows us to identify potential defences such as truthfulness of statements, lack of intent to harm, or the absence of defamation.

In cases involving privacy violations or the dissemination of intimate images, we explore defences related to consent and the circumstances under which the information or images were shared. Establishing that the alleged victim consented to the dissemination or that the actions were justified under emergency circumstances is crucial to our defence strategy. Moreover, we assert the right to freedom of expression where applicable, defending statements made online as protected opinions rather than defamatory assertions. This defence is particularly relevant in cases involving social or political commentary.

Throughout the legal process, we advocate vigorously on behalf of our clients, ensuring that their rights are upheld and that they receive fair treatment under the law. Our experienced team of German criminal defence lawyers craft robust arguments and strategies tailored to each client’s unique situation. At Schlun & Elseven Rechtsanwälte, we understand the profound impact that accusations of online harassment can have on individuals’ lives. We are committed to providing compassionate and effective legal representation, guiding our clients through every step of their legal proceedings with integrity and dedication.

In Germany, online searches and investigations play a pivotal role in cases involving allegations of online harassment, particularly when serious criminal offences are suspected. According to § 100b of the German Code of Criminal Procedure (StPO), stringent prerequisites must be met before an online search can be authorised. These include a reasonable suspicion that the accused is involved in a serious criminal offence or even a less serious offence if the suspicion is substantial. The decision to order such a search rests with the court, ensuring that the intrusion into IT systems complies with fundamental rights to integrity and confidentiality, justified by the seriousness of the alleged offence and the necessity due to the inadequacy of alternative investigative measures.

The process begins with a court order sought by the public prosecutor’s office, outlining the grounds and essential considerations justifying the online search. This measure is time-limited, initially set for a maximum of one month and extendable in one-month increments based on results from the ongoing investigation. The scope of the search is typically restricted to the accused individual’s IT systems. However, exceptions allow for the examination of third-party systems if linked to the accused’s activities or necessary for the investigation’s factual clarity or co-accused location determination.

Importantly, data obtained from these searches must be handled with strict adherence to legal standards. The utilisation of data touching on core areas of private life is heavily restricted under § 100d of the StPO, necessitating immediate deletion or submission to the court for a determination on usability. Similar restrictions apply when the search involves individuals with the right to refuse testimony, such as holders of professional secrecy or relatives of the accused.

Our criminal defence team at Schlun & Elseven Rechtsanwälte specialises in scrutinising the legality and appropriateness of online searches conducted in cases of online harassment. We provide comprehensive legal counsel to protect our clients’ rights throughout these complex proceedings, advising on the admissibility of evidence and advocating vigorously on their behalf. If you have concerns regarding the legality of an online search or require defence against allegations of online harassment, contact us today for expert guidance and representation tailored to your specific situation.