Online Attacks and Defamation

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Fake reviews, insults, published home addresses, fake profiles or manipulated images: attacks on the internet hit companies and individuals alike and spread quickly. We enforce your rights against perpetrators and platforms, out of court and in urgent proceedings.

Typical attacks

• False or bought reviews on Google, employer review sites or marketplaces
• Insults, defamation and hate speech on social networks and forums
• Doxing: publication of addresses, phone numbers or photos of a person’s home
• Deepfakes: manipulated images, videos or voices, in particular sexualised content
• Identity misuse: fake profiles, orders or contracts in another person’s name
• Publication of private images or chats without consent

First steps: secure the evidence

Secure content before it is deleted: screenshots showing the URL, date and time, profile names and comments in context. For videos and stories, a screen recording is advisable. In serious cases, securing evidence through a third party can help so that it is not disputed later. Do not respond publicly before the strategy is clear.

Claims against the perpetrator

Where general personality rights or a company’s reputation rights are infringed, there are claims to injunctive relief and removal (Sections 823 and 1004 BGB by analogy) and, for serious infringements, to monetary compensation. False statements of fact are not protected; opinions are permitted unless they become abusive criticism or formal insults. For images, Sections 22 and 23 of the Art Copyright Act (KUG) and the GDPR also apply. In parallel, a criminal complaint may be possible, for example for insult, defamation (Sections 185 et seq. StGB), stalking (Section 238 StGB) or violation of intimate privacy by taking images (Section 201a StGB).

Claims against the platform under the DSA

Platforms are not automatically liable for user content, but must remove illegal content promptly once they are aware of it. The EU Digital Services Act gives those affected a structured procedure:

• Notice under Art. 16 DSA (notice and action) with the exact URL, reasons why the content is illegal and a statement of accuracy. The platform must assess the notice and give reasons for its decision.
• Complaint via the internal complaint-handling system under Art. 20 DSA if the platform does not decide or decides wrongly. The period is at least six months from the decision.
• Out-of-court dispute settlement under Art. 21 DSA before a certified body. The platform must engage, but the outcome is not binding.

The civil courts remain available, including in urgent proceedings. A well-reasoned notice is also the precondition for the platform itself becoming liable later.

Reviews on Google and review portals

Businesses can demand removal of a review if there was no business contact with the reviewer or if the review contains false facts. According to the case law of the German Federal Court of Justice, the portal operator must, after a specific complaint, ask the reviewer for evidence. If it cannot prove customer contact, the review must be deleted.

Identifying anonymous perpetrators: Section 21 TDDDG

If the perpetrator is anonymous, the person affected can ask the regional court to order the service provider to disclose subscriber data such as name, address or email address (Section 21(2) and (3) TDDDG). The content must fulfil certain criminal offences, such as insult, defamation, threats or violation of intimate privacy. In practice, platforms often only provide the email address or phone number stored with the account, and IP data has frequently been deleted. Speed is therefore essential.

Digital Violence Act: status November 2026

In October 2026 the Federal Government adopted a draft law against digital violence. According to the information published so far, it provides, among other things, for an extended court-ordered right to information against platforms and internet access providers, preservation of data pending a decision, a temporary court-ordered account suspension for repeated serious infringements and new offences for harmful deepfakes and for producing and distributing intimate images without consent. The Bundestag and Bundesrat have not yet decided. Until it enters into force, the current law applies.

Frequently asked questions

How quickly do I need to act?

For a preliminary injunction most courts require the application to be filed within about one month of knowledge. For identifying the perpetrator, every day counts as well.

Must the platform delete the content immediately?

After a sufficiently specific notice it must review promptly and remove content that is clearly illegal. Where the truth of a statement is disputed, a review procedure follows.

Who bears the costs?

If the warning letter is justified or the proceedings succeed, generally the perpetrator. If they are unknown or insolvent, a cost risk remains, which we discuss with you in advance.

Related topics

• Online reviews (in German)
• Deepfakes (in German)
• Platforms and the DSA
• Preliminary injunctions (in German)
• Cease-and-desist letters