Defamation and Online Harassment Laws in Germany

German defamation law is written law, not common law. The Criminal Code (StGB) defines the honor offenses in §§ 185-200. Civil claims rest on the Civil Code: § 823 (damages), § 824 (untrue statements that harm someone's credit or livelihood) and § 1004 (removal and injunction), which courts apply to personality rights together with Articles 1 and 2 of the Basic Law. Article 5 of the Basic Law protects free expression but names the right to personal honor as one of its limits.

Sources1German Criminal Code (StGB) §§ 185-187, official English translation2German Civil Code (BGB) §§ 823, 824, 1004, official English translation3Federal Constitutional Court, Press Release No. 84/2019 (Right to be forgotten II, 1 BvR 276/17), referring to § 823(1) and § 1004 BGB read with Art. 1(1) and Art. 2(1) of the Basic Law4Basic Law (Grundgesetz) Art. 5, official English translation

Defamation is a criminal offense in Germany. Insult (§ 185 StGB) and malicious gossip (§ 186) carry up to one year in prison or a fine, rising to up to two years when committed publicly or by spreading content. Knowingly false statements (§ 187) carry up to two years or a fine, or up to five years when made publicly or by spreading content. As a rule, insult offenses are prosecuted only if the victim files a request to prosecute, which must be made within three months of learning of the offense and the offender's identity (§§ 194, 77b).

Sources1StGB §§ 77b, 185, 186, 187 and 194, official English translation5StGB § 187, current German text (Gesetze im Internet)

German civil law does not distinguish between libel and slander. Civil claims fall under the standard three-year limitation period, which starts at the end of the year in which the claim arose and the injured person learned, or without gross negligence would have learned, of the facts and the person responsible. Regardless of knowledge, damages claims of this kind expire at the latest 10 years after they arise. Separately, a request for criminal prosecution must be filed within three months.

Sources2BGB §§ 195 and 199, official English translation1StGB § 77b, official English translation

Germany does not use the common-law category of defamation per se. The closest feature is in § 186 StGB: a person who asserts or spreads a degrading factual claim about someone is liable unless the claim can be proved true, so the risk of failing to prove truth falls on the speaker. § 187 expressly covers knowingly false claims that endanger someone's creditworthiness, and § 824 BGB allows a civil damages claim for untrue statements that endanger a person's credit or harm their livelihood or advancement.

Sources1StGB §§ 186 and 187, official English translation2BGB § 824, official English translation

Germany has no anti-SLAPP statute in force. In February 2026 the federal government sent the Bundestag a bill (printed paper 21/3942) to implement EU Directive 2024/1069 by amending the Code of Civil Procedure, adding tools such as wider security for costs, broader recovery of legal fees for defendants, further court sanctions and a duty to handle these cases with priority. The bill limits the new rules to civil cases with a cross-border link. At the time of review, the consolidated Code of Civil Procedure on the federal government's legal portal did not yet contain these rules.

Sources6Bundestag printed paper 21/3942, government bill implementing Directive (EU) 2024/1069 (2 February 2026)7Bundestag, hib news item on the government's anti-SLAPP bill (2026)8Code of Civil Procedure (ZPO), consolidated German text (Gesetze im Internet)

German press law gives people directly affected by a published factual claim a right of reply (Gegendarstellung). Press law is set by each state: in Bavaria, for example, Article 10 of the Press Act requires newspapers and magazines to print the reply promptly, in the same section and type, free of charge. Under § 20 of the Interstate Media Treaty, journalistic online services must publish a reply without charge; the reply must be limited to facts, signed, and reach the provider in writing promptly, at the latest six weeks after the content was last online and in any case within three months of first publication.

Sources9Bavarian Press Act (BayPrG) Art. 1010Interstate Media Treaty (Medienstaatsvertrag) § 20

Truth is a defense to § 186 StGB, and a final criminal conviction of the person concerned counts as proof that an alleged offense is true (§ 190). Under § 193, critical opinions and statements made to exercise or protect rights or legitimate interests are punishable only if the form or circumstances of the statement themselves amount to an insult. The Federal Constitutional Court requires courts to weigh personal honor against freedom of expression in context, giving weight to criticism of people in power and to contributions to public debate. Courts may skip that balancing only in narrow cases: abusive criticism with no link to any factual issue, formal insults using taboo language, and attacks on human dignity.

Sources1StGB §§ 186, 190 and 193, official English translation11Federal Constitutional Court, Press Release No. 49/2020 (orders of 19 May 2020, 1 BvR 2397/19 and others)

Stalking under § 238 StGB expressly covers online conduct, including repeatedly trying to contact someone through telecommunications, misusing their personal data to order goods or get others to contact them, hacking their accounts, publishing images of them, and posting disparaging content while pretending to be them. The basic penalty is up to three years in prison or a fine, and particularly serious cases, such as using spying software, carry three months to five years.

Source1StGB § 238, official English translation

The honor offenses carry higher penalties when committed by spreading content, which includes online posts (§§ 185-187 StGB). § 188 adds tougher penalties for public insults and false claims against people in political life, down to the local level, when the statement is suited to make their public work substantially harder. § 192a makes it a crime to send someone unrequested content that attacks their human dignity by insulting a group defined by national, racial, religious or ethnic origin, belief, disability or sexual orientation, and § 241 punishes threats, with higher penalties when made publicly or online.

Source1StGB §§ 185-188, 192a and 241, official English translation

Section 126a StGB makes it a crime to publicly spread someone's personal data in a way that is suited and intended to expose them or someone close to them to a serious crime or to other unlawful acts such as sexual or violent offenses. The penalty is up to two years in prison or a fine, or up to three years if the data were not generally accessible.

Source1StGB § 126a, official English translation

Section 201a StGB punishes taking or sharing images that violate a person's intimate privacy, including passing on to others, without authorization, an image of this kind that was originally taken with permission, and sharing images that can significantly damage someone's reputation. Section 184k covers images of intimate body parts taken or shared without authorization. More broadly, under §§ 22 and 33 of the Art Copyright Act (KunstUrhG), publishing a person's image without consent can be a crime, subject to statutory exceptions, and is prosecuted only on request.

Sources1StGB §§ 184k and 201a, official English translation12Art Copyright Act (KunstUrhG) § 2213Art Copyright Act (KunstUrhG) § 33