Best Defamation Lawyers in Neubrandenburg

About Defamation Law in Neubrandenburg, Germany

Defamation (“Verleumdung” or “üble Nachrede” in German) refers to the act of making false statements about a person that can damage their reputation. In Germany, including Neubrandenburg, defamation is both a criminal offense and a civil wrongdoing. It can occur through written or spoken words, online publications, gestures, or images. Legal actions can address not just personal reputation but also the reputation of companies, organizations, and public figures.

Why You May Need a Lawyer

People in Neubrandenburg may need legal assistance with defamation issues for several reasons:

• They have been the victim of false statements that harm their personal or professional reputation.
• They are accused of making defamatory statements and face criminal charges or civil claims.
• The defamation has occurred online or via social media, making it difficult to remove or trace.
• They require help in gathering evidence, assessing damages, or filing official complaints.
• They want to prevent further dissemination of harmful statements through injunctions.
• They seek an official retraction, apology, or compensation for reputational damage.

Local Laws Overview

Defamation laws in Neubrandenburg are governed by the German Criminal Code (Strafgesetzbuch, StGB) and the German Civil Code (Bürgerliches Gesetzbuch, BGB). The following sections are particularly relevant:

• Section 185 StGB (“Beleidigung”): Covers insults, whether spoken or written.
• Section 186 StGB (“Üble Nachrede”): Addresses making false statements that may harm another’s reputation, even if the statement is not proven false in court.
• Section 187 StGB (“Verleumdung”): Applies when someone knowingly makes false and malicious statements to damage another’s reputation.
• Civil remedies in the BGB provide for claims to remove or correct defamatory material, compensation for damages, and non-material damages (“Schmerzensgeld”).
• Cases involving media publications or online content may also engage the Telemedia Act (TMG) and the Interstate Broadcasting Treaty (RStV).

It is important to note that both individuals and legal entities (like companies) can bring defamation cases. Criminal prosecution may require a formal complaint from the victim (“Antragsdelikt”) unless the defamation concerns public officials or has a public interest.

Frequently Asked Questions

What qualifies as defamation in Neubrandenburg, Germany?

Defamation occurs when someone knowingly or negligently makes false claims that could harm another person’s or entity’s reputation, whether in writing, speech, or other forms of expression.

Is defamation considered a crime or a civil matter?

Defamation is both a criminal offense (punishable by fines or imprisonment) and a civil matter (where victims can seek damages or retractions) in Germany.

Can I sue someone for defamation if the statement was only spoken?

Yes. Spoken statements (slander) are actionable under German law, just like written or published statements (libel).

What should I do if I am a victim of defamation?

You should collect evidence of the defamatory statements, avoid confrontation, and seek legal advice. You can file a complaint with the police or pursue civil remedies.

Can I defend myself if accused of defamation?

Yes. Common defenses include proving the truth of the statement, demonstrating it was an opinion, or showing it was not made with malicious intent. A lawyer can assist in building your case.

Is there a time limit to file a defamation claim?

Yes. Criminal complaints for defamation should generally be filed within three months. Civil claims are typically subject to a three-year statute of limitations.

What penalties can result from a defamation conviction?

Penalties vary depending on the seriousness of the offense, but may include fines, imprisonment (in severe cases), or requirements to retract statements and pay damages.

Does defamation law protect businesses and organizations?

Yes. Companies and associations can also take legal action to protect their reputation against false statements.

What about defamation on social media?

Defamation on social media is treated just like any other publication. German law is strict, and both the individual poster and, in some cases, the platform may be liable.

How can I remove defamatory content from the internet?

A lawyer can help you draft takedown requests to website operators and social media companies, and, if necessary, obtain a court order to compel removal.

Additional Resources

If you need more support regarding defamation in Neubrandenburg, consider reaching out to the following:

• Local Lawyers (Rechtsanwälte): Specializing in media law, criminal law, or civil law—many offer initial consultations.
• Neubrandenburg District Court (Amtsgericht Neubrandenburg): For filing civil claims or obtaining injunctions.
• Police of Neubrandenburg: To file criminal complaints or seek advice on law enforcement procedures.
• Legal Aid (“Beratungshilfe”): For those with limited financial means to access legal advice.
• Consumer Protection Agencies (Verbraucherschutz): Assistance with online or media-related defamation.
• German Bar Association (Deutscher Anwaltverein): For referrals to specialized legal professionals.

Next Steps

If you believe you have been affected by defamation or are accused of it in Neubrandenburg, consider taking the following steps:

• Document all relevant information, including dates, content, and witnesses.
• Consult a local lawyer experienced in defamation law as soon as possible.
• Decide whether to pursue criminal charges, civil remedies, or both based on your lawyer's advice.
• File a complaint with the police or relevant authorities if you choose criminal prosecution.
• Work with your lawyer to draft and send formal demands for retraction or removal if needed.
• Keep all records secure and communicate only through your legal representation.

Seeking timely and professional legal advice is crucial to protect your rights and navigate the complexities of defamation law in Neubrandenburg, Germany.