The spread of fake news in the form of texts, images and videos is an increasingly important issue in our digitalized world. In the age of social media and online communication, information is shared faster than ever - but it is not always the truth. The question of whether the distribution of such content is punishable is becoming increasingly important in countries such as Germany and Austria. The legal situation regarding the criminal liability of fake news in Germany and Austria is complex and depends on various factors.

Quick overview: How you can be held liable for fake news!

Penalties for consciously or unconsciously sharing fake news can vary depending on the country and the specific circumstances of each case. In Germany and Austria, as in many other legal systems, the consequences depend heavily on the intent, the content of the message and its impact.

When consciously sharing fake news:

  1. Defamation and slander : In Germany, deliberately shared fake news that damages a person's reputation falls under slander (§ 187 StGB) or slander (§ 186 StGB). Similar provisions apply in Austria (Section 111 for slander and Section 297 for slander in the Criminal Code).
    Penalties may include fines or imprisonment.
  2. Sedition : If fake news stirs up hatred or violence against certain groups, this can fall under sedition in Germany (§ 130 StGB), which can also lead to fines or imprisonment.
  3. Violation of personal rights : In both Germany and Austria, civil lawsuits for damages and compensation for pain and suffering can be filed in the event of violations of personal rights.

If you unknowingly share fake news:

  1. Negligence : If someone unknowingly shares fake news, it is usually examined whether a negligent act occurred. Penalties are usually more lenient but may still include fines, especially if the person could be expected to verify the authenticity of the information.
  2. Civil law consequences : Even if no criminal prosecution takes place, civil law claims such as cease and desist declarations or claims for damages can become relevant.

General information:

  • Influence of the medium : The type of medium through which the fake news is spread (e.g. social media, traditional media) can also have an influence on the legal assessment.
  • Case-by-case dependency : Courts consider each case individually, with the context and impact of the spread of fake news playing an important role.
  • International Differences : Laws and penalties may vary in other countries. Some countries have specific laws against spreading false information, while others apply general laws.

It is always advisable to consult a qualified lawyer with any legal questions as they can provide individualized and up-to-date legal advice based on the specific context and legal situation.

In detail: This is how you can be held liable for fake news!

Legal basis for spreading fake news

In Germany and Austria, the deliberate sharing of fake news, be it in text, image or video form, can have legal consequences. Although the specific laws differ in both countries, such acts generally fall under offenses such as defamation, slander or sedition. In Germany these are §§ 186 , 187 and 130 StGB , in Austria § 111 , § 297 and § 283 StGB.

The deliberate spreading of fake news

The deliberate spreading of false news and manipulated videos can have significant legal consequences in Germany and Austria. In Germany, such actions can be considered as defamation according to Section 187 of the Criminal Code, slander according to Section 186 of the Criminal Code or as incitement according to Section 130 of the Criminal Code. In Austria, the legal norms are structured similarly, with relevant paragraphs such as Section 111 (slander), Section 297 (defamation) and Section 283 (incitement) of the Criminal Code.

The legal consequences depend on the content and circumstances of the information disseminated. For example, spreading hatred or promoting violence against certain groups can lead to serious criminal proceedings. This shows the need to carefully consider information before sharing it.

Unknowingly spreading fake news

Unknowingly spreading fake news is in a legal gray area. Although the lack of intent can play a mitigating role, there are cases where individuals have been held responsible for sharing misleading information. The legal assessment often depends on the specific circumstances of the individual case. Court rulings also play an important role in this context. They provide insights into the interpretation and application of the law in such cases. The question of reasonableness and responsible handling of information is often emphasized.

Fake news under the guise of satire

The spread of fake news under the guise of satire is a particularly sensitive issue. Satire as an art form enjoys special protection in many countries, but there are limits, especially when it comes to the deliberate spread of misinformation. The legal distinction between satire and fake news is complex and is often decided by courts on a case-by-case basis. This specifically examines whether the satirical character is recognizable to the audience and whether the distribution of the content fulfills a legitimate social or artistic purpose.

There are numerous examples in case law in which courts had to decide whether certain content should be classified as satirical expression of opinion or as harmful fake news. Here are some examples:

  1. Case Böhmermann against Erdogan :
    The Hanseatic Higher Regional Court confirmed the judgment of the Hamburg Regional Court, according to which certain parts of the satirical poem “Schmähkritik” by Jan Böhmermann about Recep Tayyip Erdogan remain banned because they contain severe disparagements without any actual points of reference, while other parts of the poem , which satirically criticize Erdogan's actual behavior, are permitted. ( Source )
  2. Case “Church of the Flying Spaghetti Monster Germany eV” :
    The Brandenburg Higher Regional Court rejected the appeal of the association that wanted to sue the state of Brandenburg to tolerate the setting up of signs for “pasta fairs”. This was classified as satire, but without the corresponding claim for public notices. ( Source )
  3. Case Dr. Alice Weidel against NDR :
    The Hamburg regional court rejected an application from the AfD politician Dr. Alice Weidel to issue an interim injunction against the NDR. In the satirical program “extra 3” she was called a “Nazi bitch”, which the court classified as satire covered by freedom of expression in the context of the statement. ( Source )
  4. Other legal aspects :
    Satirical messages that violate personal rights can lead to legal action. This includes libel, slander and slander. Those affected have claims for correction, injunctive relief and possibly for damages and compensation for pain and suffering . ( Source )

Effects of fake news on society

The spread of fake news has far-reaching social and political consequences. They can lead to social divisions, fuel mistrust of the media and public institutions and even impair democratic processes. Psychologically, fake news can increase fear, uncertainty and hostility among the population. These impacts demonstrate the urgency of combating the spread of misinformation and training the population in digital media literacy .

Digital media literacy and prevention

In order to effectively address the problem of fake news, promoting digital media literacy is crucial. Educational institutions and educational work play a central role here. They should aim to teach people to think critically about information and verify sources. At the same time, the media and social networks have an important responsibility. They must ensure that their platforms are not used to spread misinformation while preserving freedom of expression.

Legal action against fake news

Those affected by fake news have various legal options available to them. In Germany and Austria you can contact the police or civil courts to request an injunction, correction or compensation. The exact procedures and points of contact vary, but both countries have established mechanisms to combat the spread of misinformation.

International perspective

A look at the international stage shows that many countries are faced with similar challenges when dealing with fake news. Some countries have enacted specific laws against fake news, while others are adapting existing laws. International laws and agreements also play a role, particularly with regard to cross-border misinformation and the role of internationally operating platforms.

Technological challenges

Detecting and combating fake news presents technological challenges. Modern technologies such as artificial intelligence (AI) and algorithms are increasingly being used to identify and contain false information. However, these technologies must be used carefully to maintain the balance between combating fake news and protecting freedom of expression.

Conclusion and outlook

The spread of fake news and fake videos is a complex and multi-faceted problem that raises both legal and ethical questions. While there are clear laws in Germany and Austria that criminalize the deliberate spreading of false information, the challenge remains to effectively implement these laws while protecting freedom of expression. It is important that both individuals and institutions take responsibility and work towards an informed and enlightened society. This is the only way to effectively combat the phenomenon of fake news and preserve the integrity of our information landscape.

frequently asked Questions

  1. What are the legal consequences of spreading fake news in Germany?
    In Germany, spreading fake news, depending on the content, can be prosecuted as defamation, slander or incitement to hatred. These offenses are regulated in Sections 186, 187 and 130 of the Criminal Code (StGB).
  2. Are there differences in the legal situation between Germany and Austria regarding fake news?
    Although the basic legal concepts are similar, there are differences in the specific laws and paragraphs. Austria has its own legal norms such as Section 111 (slander), Section 297 (defamation) and Section 283 (incitement) in the criminal code.
  3. How is unknowingly spreading fake news treated legally?
    Unknowingly spreading fake news falls into a legal gray area. This depends on the individual case, in particular whether the distribution was negligent and what effects it had.
  4. Can satire serve as a justification for spreading fake news?
    Satire enjoys special protection, but there are limits. The legal assessment depends on whether the satirical character is recognizable and whether a legitimate social or artistic purpose is being pursued.
  5. What measures can be taken against the spread of fake news?
    Important measures include promoting digital media literacy, the responsibility of the media and social networks, and the use of modern technologies such as AI to detect fake news.
  6. Can international laws and agreements help combat fake news?
    International laws and agreements can provide a framework, especially with regard to cross-border misinformation. However, they require close cooperation between different countries.

Conclusion

Always “Think first – then click”! The topic highlights an important and current problem in our society. The legal framework in Germany and Austria offers tools to combat the spread of false information. But it remains a collective task to protect the integrity of our information landscape and fight against the flood of fake news. By advocating for education, critical thinking and responsible media consumption, we can make a decisive contribution to overcoming this challenge.

Given the increasing legal consequences for spreading fake news, it is imperative that we, as responsible information users, critically examine the veracity and provenance of what we share in order to protect ourselves and the integrity of our digital society

Finally, we would like to point out that the information provided here is based on current knowledge and is of a general nature. They do not replace legal advice and we assume no liability for the completeness or accuracy of the information. For an accurate legal assessment, we recommend contacting a qualified lawyer.

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Notes:
1) This content reflects the current state of affairs at the time of publication. The reproduction of individual images, screenshots, embeds or video sequences serves to discuss the topic. 2) Individual contributions were created through the use of machine assistance and were carefully checked by the Mimikama editorial team before publication. ( Reason )