Germany StGB §§ 185 to 187: insult, defamation and slander
German criminal law treats defamation in three steps: insult (185), unprovable damaging facts (186) and knowingly false facts (187); online publication aggravates the penalty.
The three offences
- §185 Insult (Beleidigung): derogatory value judgements; aggravated if public or by disseminating content.
- §186 Defamation (üble Nachrede): asserting or spreading a damaging fact that cannot be proven true.
- §187 Slander (Verleumdung): knowingly asserting a false fact; the most serious.
§188 adds aggravation for some acts against people in political life.
Complaint
Generally prosecuted on complaint, filed within three months of learning of the act and the offender.
Use in removal
These provisions often supply the "why illegal" in DSA notices to platforms. The fact-opinion distinction is decisive.
General information, not legal advice. In real cases we work alongside lawyers who specialise in digital rights.
Frequently asked questions
How do I tell fact from opinion?
If it can be proven true or false, it is a statement of fact; personal evaluation is opinion and is more widely protected.