Freedom of expression is one of the fundamental rights that is upheld and protected in modern democracies. Both Germany and Austria guarantee this right in their constitutions. However, there are limits to freedom of expression, especially when it comes to lies and false statements. These limits may vary depending on the legal framework, which is reflected in the different legal approaches of the two countries.


Explanations

  • freedom of speech

Freedom of expression is a fundamental human right that allows every individual to freely express their opinions without intimidation or fear of punishment. This right includes freedom to express, disseminate and receive opinions without regard to frontiers. It also includes the freedom to seek and receive information and ideas by any means of communication. In many democratic societies, including Germany and Austria, freedom of expression is anchored in the constitution.

However, freedom of expression is not an absolute right. Legal restrictions exist to protect other fundamental rights such as the dignity, honor and privacy of other people, national security, public order, health and morals.

  • Lie

Lying is the deliberate spreading of untruths. A lie is a statement made with the full knowledge and intent that it is false in order to mislead another person or group. Lying can be punishable in a legal sense if it serves to damage the reputation of another person (e.g. through slander) or if it serves to commit or conceal an unlawful act.

  • False statements

False statements are claims or statements that are objectively false or inaccurate. In contrast to lies, which must be intentional, false statements can also be made unintentionally, for example due to misunderstandings, mistakes or misinformation. In a legal context, depending on the specific circumstances and context, false statements may be considered criminal if they are intended to deceive or defraud someone, especially in cases where they cause material or non-material damage.


The legal framework: Germany

In Germany, freedom of expression is in the Basic Law (Article 5) . It allows every individual to freely express and disseminate their opinions in word, writing and images. However, this freedom is not unlimited. Defamation, slander or the spreading of obvious untruths can fall under criminal law (§§ 185 to 187 StGB) . The central point here is the damage to another person's reputation through deliberately false statements.

The legal framework: Austria

Austria also grants freedom of expression in accordance with Article 13 of the Basic Law of 1867. But similar to Germany, there are also restrictions here. Criminal law consequences can arise, for example, from slander (§ 111 StGB) or slander (§ 297 StGB) . Austria has also added the offense of incitement to hatred (Section 283 of the Criminal Code) to its criminal law, which sanctions the spread of hate speech and false information.

Examples for illustrative purposes

  • Example 1 - False health information : Suppose a user spreads a claim on social media that a particular vaccination causes serious health effects, despite extensive scientific evidence to the contrary. This false statement could be seen as defamation as it could serve to damage the reputation of the pharmaceutical companies that produce it.
  • Example 2 – Defamation of Individuals : Another user falsely claims that a certain politician committed corruption without having any evidence to support it. This type of false statement can be considered libel or slander, depending on whether the false statement was made maliciously or out of ignorance.
  • Example 3 – Incitement : Imagine a user intentionally spreading misinformation about an ethnic group to incite hatred. This type of statement would fall under the offense of incitement in Austria and could therefore be prosecuted.

Conclusion: It is important to emphasize that freedom of expression is not the same as freedom to spread lies or false statements. This fine distinction has major implications for the protection of individual rights and public order. It is therefore crucial to find a balance between preserving freedom of expression and preventing harmful falsehoods. This is an ongoing challenge for both legal systems and society as a whole.

Also read: New buttons are intended to reduce fake news


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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 )