Insults on the Internet: Court protects the honor from freedom of expression!

Insults on the Internet: Court protects the honor from freedom of expression!

Pasewalk, Deutschland - After the district court of Neubrandenburg recently decided that insults such as "hooker" and "lying pig" are not protected by freedom of expression, the debate about the limits of freedom of expression will be re -sparked. In this case, a 29-year-old defendant from Neustrelitz was involved, who formulated the insults in WhatsApp messages to his ex-girlfriend. The judge Urte Brinkmann made it clear that such statements fall in the category of insulting forms and do not allow any consideration with freedom of expression, such as the Nordkurier reported.

The accused who occurred during the court hearing tried to put his statements relativized. His relationship with a 20-year-old woman from Stargard Castle, whom he described as a "affair" and with whom he was from October 2023 to the end of January 2024, ended in a conflict. After the separation, there were further contact attempts in which the defendant questioned his paternity. Despite his apology at the end of the negotiation, he did not recognize the severity of the insults he made. The court rejected his appeal and confirmed the fine of 600 euros, which corresponds to 40 daily rates of 15 euros each.

Freedom of expression vs. insult

While the limits of freedom of expression have been clearly shown in the present case, this is not the first time that such topics are treated legally. In the past, the Federal Constitutional Court (BVerfG) has also dealt with the delimitation between freedom of expression and insult. In several proceedings, the court set up weighing criteria to determine when a statement is covered by freedom of expression or is considered an insult. These criteria contain the intelligent content of the statement and whether it contributes to public opinion formation, such as Jura online explained.

We have to pay particular attention to the exceptions: In cases of abuse criticism or formal insulting, a consideration is not necessary. This means that words that are clearly insulting are not under the protection of freedom of expression. The BVerfG emphasized in its decisions that freedom of expression is a fundamental right to protect, but is not limitless.

consequences of insults

The legal consequences for insults can be significant. According to Section 185 of the Criminal Code, the penalty framework in the private sector is between fines and imprisonment from one month to one year. In public space, the punitive framework could even be up to two years in prison. The statements of the Neustrelitz accused are clearly within this framework, since they are not only insulting, but also in the context of private disputes.

The decision of the Neubrandenburg Regional Court and the associated legal considerations raise fundamental questions about freedom of expression in Germany and show how important a differentiated view between personal attacks and legitimate expressions of opinion is. A judgment of the BVerfG from 2022 confirmed that interventions in freedom of expression are only justified if the accused's personal honor is not disproportionately violated, which indicates the need for a comprehensive consideration, according to the Federal Chairman Court .