Why is cyberbullying against the law
Cyberbullying perpetrators make themselves liable to prosecution
Insults, threats or the seemingly harmless distribution of pictures and videos can serious consequences also for the perpetrator or perpetrators.
In principle, children under the age of 14 are not responsible for criminal offenses. With adolescents, the focus is not on punishment, but on the idea of upbringing. Educational instructions and requirements within the meaning of the Youth Courts Act (JGG) are primarily considered.
Offenses that are part of cyberbullying
Insult [§ 185]
The offense is punished with imprisonment for up to one year or with a fine and, if the offense is committed by means of assault, with imprisonment for up to two years or with a fine.
Defamation [§ 186]
Anyone who asserts or disseminates a fact in relation to another which is likely to make the same contemptible or to be degraded in public opinion, if this fact is not proven to be true, will be punished with imprisonment for up to one year or with a fine and, if the act is committed committed publicly or through the dissemination of writings (Section 11, Paragraph 3), punishable by imprisonment for up to two years or a fine.
Defamation [§ 187]
Anyone who, against his better judgment, asserts or disseminates an untrue fact in relation to another, which is likely to make the same thing contemptible or disparaging in public opinion or jeopardizing his / her credit, is punished with imprisonment for up to two years or with a fine and, if the act is committed committed publicly, in a meeting or by distributing writings (Section 11 Paragraph 3), punishable by imprisonment of up to five years or a fine.
In addition to the criminal offenses already mentioned, the following facts in particular come into consideration in the cases that have become known
Violation of the confidentiality of the word [§ 201]
(1) Anyone who is unauthorized is punished with a prison sentence of up to three years or a fine
1. records the non-publicly spoken word of another person on a phonogram, or
2. uses a recording made in this way or makes it accessible to a third party.
The law provides for a prison sentence of up to three years or a fine.
Violation of the highly personal area of life through taking pictures [§ 201a ]
(1) Anyone who is punished with imprisonment of up to two years or a fine
1. creates or transmits a picture of another person who is in an apartment or a room that is specially protected from view, or who thereby violates the very personal area of life of the person depicted,
2. a picture that shows the helplessness of another person, produces or transmits without authorization and thereby violates the highly personal area of life of the person depicted,
3. uses an image taken through an act according to numbers 1 or 2 or makes it accessible to a third person or
4. makes an authorized image recording of the type referred to in number 1 or 2 knowingly accessible to a third person without authorization and thereby violates the highly personal area of life of the person depicted.
Note: A classroom, for example, is not such a particularly protected room, a changing room or a toilet in any case. According to § 22 Art Copyright Act, images may only be distributed or publicly displayed with the consent of the person depicted. Violations are subject to the same penalty as in Section 201 of the Criminal Code.
Coercion [§ 240 ]
(1) Anyone who unlawfully compels a person to act, tolerate or omit to act, tolerate or omit by using force or threatening a sensitive evil, is punished with imprisonment for up to three years or with a fine.
(2) The act is unlawful if the use of force or the threat of evil for the intended purpose is to be regarded as reprehensible.
(3) The attempt is punishable.
(4) 1In particularly serious cases, the penalty is imprisonment from six months to five years.
Threat [§ 241]
(1) Anyone who threatens a person with the commission of a crime directed against him or a person close to him is punished with imprisonment for up to one year or with a fine.
(2) Anyone who, against his better judgment, pretends to a person that a crime against him or a person close to him is imminent will also be punished.
Depiction of violence [§ 131 ]
(1) Anyone who describes writings (Section 11 (3)) that depict cruel or otherwise inhuman acts of violence against people or human-like beings in a way that glorifies or belittles such acts of violence or that expresses the cruel or inhuman nature of the process in a person that violates human dignity Way represents
2. publicly exhibits, posts, demonstrates or otherwise makes accessible,
3. offers, surrenders or makes accessible to a person under the age of eighteen or
4. manufactures, procures, delivers, holds in stock, offers, announces, advertises, undertakes to import or export in order to use them or pieces obtained from them within the meaning of numbers 1 to 3 or to enable another such use to be punished with imprisonment punished for up to one year or with a fine.
(2) Anyone who broadcasts a performance of the content referred to in paragraph 1 through radio, media or teleservices will also be punished.
Note: A brutal mobile phone video that is distributed to minors in school lessons, for example, also falls under the criminal offense of depictions of violence.
Source: Criminal Code (as of 01/01/2011)
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