Hate Speech, Online Backlash @ Digital Violence
Help Against Hate Speech, Online Backlash, and Digital Violence
Just reading threads on Twitter, Facebook, Instagram, and the like can sometimes turn your stomach. For the recipients of certain messages, these are simply a nuisance to be dealt with; for others, the accusations in these threads can be incredibly distressing.
In all these cases, it’s no longer about commenting on specific issues, weighing the pros and cons, or exchanging facts or opinions—such statements catapult verbal disputes into a different, ugly dimension.
What remains are insults of the worst kind, derogatory remarks, belittling comments, crude allegations, or the distortion of facts—often with the aim of causing maximum harm to a person or a company. In fact, such behavior can have consequences in one’s professional, business, or even deeply personal life. Friends drift apart, business partners turn their backs or cancel orders, and in the worst-case scenario, words are even followed by actions and physical attacks. Online hate paves the way for such outcomes.
We can help.
In this situation of extreme personal stress, it’s important to consider in a timely manner whether and how to respond—and then, if you decide to do so, to consistently defend yourself against such online attacks.
Filing criminal complaints should be considered whenever the elements of a criminal offense may be present. This is particularly true in cases where the hater(s) operate under pseudonyms and are not identifiable at first glance.
The public prosecutor’s office can provide valuable assistance in identifying the authors of illegal statements who operate anonymously online. However, if you fail to document the facts—or do so inadequately—valuable evidence may be lost; ultimately, you should file a criminal complaint in such a way that further investigations can be initiated without wasting valuable time.
We know how to handle this and will represent your interests during the preliminary investigation, and later in a private prosecution and in the enforcement of civil claims (injunction, damages, compensation for pain and suffering).
However, we know from experience that criminal proceedings alone are often insufficient to achieve the desired outcome or provide satisfaction. It is up to you to take matters into your own hands and enforce your claims under civil law.
Platforms such as Facebook, Instagram, Twitter, and others can be compelled under civil law to disclose information—although the true identities of the authors are rarely revealed voluntarily. The Network Enforcement Act provides avenues for obtaining information to prepare civil claims, though these often must be enforced through the courts.
We know how to do this.
At the same time, it is important to close threads and, if necessary, enforce claims against Facebook and similar platforms to stop the spread of the statements.
We can handle this for you.
If the authors have been identified or are identifiable, we will take all necessary steps to tackle the problem at its root. You are entitled to a whole range of claims against the perpetrators. By enforcing injunctive relief, you ensure that the disputed statements may not be repeated; you may even have claims for retraction, which can compel the authors of certain statements to retract them as untrue.
You can also demand compensation from the perpetrators for the damages you have suffered as a result of the disputed statements. They are liable for lost business opportunities or the loss of your job, and, last but not least, for non-pecuniary damages—the so-called “compensation for pain and suffering.”
We will enforce such claims on your behalf, from issuing a cease-and-desist letter to pursuing legal proceedings.
