Even if it says “Please share diligently!!!” (and three exclamation marks).

Not often, but every now and then, photos are published on Facebook showing unknown people who are accused of something. Not just us, but also our cooperation partners from Gulden | Röttger lawyers have often warned against the distribution of such images.

These pictures are usually accompanied by a message saying that they are animal abusers, pedophiles, rapists, thugs, etc. and a private/self-taken picture or video is presented with a search call and readers are encouraged to distribute the post or contribution. Same here, where someone warns:

Attention: this stranger was in St. Aegyd today and took photos of children at the playground! Please pay attention and inform your little ones; no joke… Has also been spotted in Traisen and St. Veith… please please watch your children!

PLEASE SHARE HARDLY!!!

Screenshot: Public Facebook status post
Screenshot: Public Facebook status post

At this point we clearly advise against sharing this image! It's not about presenting the statement as untrue (that cannot be assessed at this point), but about the problem that you may be committing a criminal offense if you share this picture and, if in doubt, even comment accordingly.

Legally problematic: right to one's own image

Our cooperation partners Gulden | Röttger Lawyers inform you: With such a private search call you can violate the personal rights of the person concerned, in particular the right to your own image , as well as violate various criminal laws.

First of all, it should be pointed out that a criminal also has a right to his own image, even if the suspicion expressed in the search call turns out to be true. If the person who started and published the search call does not have the consent of the person depicted, i.e. the alleged perpetrator, the distribution of the photo violates the personality rights of the person depicted and violates (in Germany) Section 22 KUG.

“Images may only be distributed or publicly displayed with the consent of the person depicted.”

It is also no justification that the person depicted is an alleged criminal who is being arrested using the picture.

In this case, the person depicted can assert civil law claims for injunctive relief and, if necessary, monetary compensation and can also file a criminal complaint in accordance with Section 33 KUG (in Germany).

“Anyone who distributes an image or publicly displays an image in violation of Sections 22 and 23 will be punished with a prison sentence of up to one year or a fine.”

Even the unauthorized distribution of a personal portrait can result in a criminal offense and expose you to civil law claims.

Further

In addition, the content of the search call can also constitute the offense of defamation (in Germany §187 StGB ) if the search call intentionally accuses the alleged perpetrator of any criminal offenses, even though the author knows that this does not correspond to the facts.

“Whoever, contrary to his better knowledge, asserts or spreads an untrue fact in relation to another, which is likely to make him or her contemptible or to denigrate him in public opinion or to endanger his or her credit, shall be punished with a prison sentence of up to two years or with a fine and, if the An act committed publicly, in a meeting or by distributing writings (Section 11 Paragraph 3) is punishable with a prison sentence of up to five years or a fine.”

This often happens in revenge actions.

The content of such a search call then constitutes the offense of defamation (in Germany Section 186 of the Criminal Code ) if false facts are alleged that are likely to make the person concerned contemptuous or to denigrate them in public opinion. This is the case, for example, if someone is accused of a crime that turns out to be untrue.

Depending on the choice of words, a search call can also constitute an offense (in Germany Section 185 of the Criminal Code ), for example if the suspect is described as a “dirty child fucker”.

What can be done

However, it is absolutely legitimate and should also be part of the educational content for parents to talk to their children about how they should behave towards strangers if they are spoken to or photographed without asking. Of course, children also have personal rights that should be particularly protected.

The same applies : do not publicly express assumptions about photos that may ultimately not be true. If you are convinced that a stranger has committed a crime, you go to the police, NOT take a photo to Facebook. A clarifying conversation on site could also be helpful, because under certain circumstances a situation can be misinterpreted and wrong conclusions drawn!

Reference: Private search calls on Facebook and on the Internet - search 2.0 with a guarantee of incitement [1]


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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 )