Wegweiser Society · Civil rights and participation Deutsch

💬 Freedom of expression, online hate, reporting centres

Opinion is protected, insults and incitement are not. How to report online hate.

In brief

Your opinion is protected by Art. 5 GG. This also applies to uncomfortable opinions. Limits are set, for example, by insult, defamation and incitement to hatred (Volksverhetzung).

If you are attacked online: secure evidence (screenshot with date and link). Report the post to the platform. You can also file a criminal complaint with the police.

For platform violations of the Digital Services Act, the Bundesnetzagentur (Digital Services Coordinator) is responsible in Germany; for very large platforms and search engines, the European Commission is.

Step by step

  1. Secure evidenceScreenshot with link, date, time.
  2. Report it to the platformUse the report function.
  3. Reporting centre or adviceFor example the advice centre HateAid or reporting centres approved by the Bundesnetzagentur as Trusted Flaggers.
  4. Consider a criminal complaintPossible at any police station.

Deadlines

no fixed deadline for reporting to the platform
Report promptly. Criminal complaint request (Strafantrag) (e.g. for insult): 3 months from knowledge of the offence and the offender.Strafantrag period 3 months from knowledge of the offence and the offender, § 77b para. 1, 2 StGB
Watch out – common mistakes
  • Not all harsh criticism is a criminal offence. Not every deletion is censorship.
  • Do not delete your own evidence before you have secured it.
  • Report threats involving acute danger immediately via the emergency number 110.
  • Be careful when passing things on: sharing can also be a criminal offence.
In depth · legal basis, figures and practice – for advisers and professionals

Digital Services Act

In Germany, the Bundesnetzagentur is the Digital Services Coordinator and supervises platforms' compliance with the DSA rules. For very large platforms and search engines, the European Commission is responsible (Art. 56 DSA). In 2024 it approved the reporting centre REspect! of the Jugendstiftung Baden-Württemberg as the first Trusted Flagger (focus: social networks and video platforms, languages German, English, Arabic). Under § 13 of the Digitale-Dienste-Gesetz (DDG), the Bundeskriminalamt is the central body for reports from platforms under Art. 18 DSA; this is a channel for platforms, not for private reports.

Criminal law

The scope of punishable statements (insult, malicious gossip, defamation, incitement to hatred) is given here only as an overview and has not been checked against the wording of the law.

Who is responsible
  • Police (criminal complaint)
  • Bundesnetzagentur (platform supervision)
  • Advice centre HateAid
  • Trusted Flagger, e.g. REspect!

Quick questions

Worum geht es bei „Freedom of expression, online hate, reporting centres“?
Opinion is protected, insults and incitement are not. How to report online hate.
Which deadlines and figures matter?
no fixed deadline for reporting to the platform: Report promptly. Criminal complaint request (Strafantrag) (e.g. for insult): 3 months from knowledge of the offence and the offender. (Strafantrag period 3 months from knowledge of the offence and the offender, § 77b para. 1, 2 StGB)
What should I do first?
  • Secure evidence: Screenshot with link, date, time.
  • Report it to the platform: Use the report function.
  • Reporting centre or advice: For example the advice centre HateAid or reporting centres approved by the Bundesnetzagentur as Trusted Flaggers.
What do I need to watch out for?
  • Not all harsh criticism is a criminal offence. Not every deletion is censorship.
  • Do not delete your own evidence before you have secured it.
  • Report threats involving acute danger immediately via the emergency number 110.
Evidence
  • Bundesnetzagentur, Pressemitteilung Trusted Flagger, 27 September 2024, retrieved 20 September 2026
  • Bundesnetzagentur, Pressemitteilung Plattformaufsicht, 14 May 2024, retrieved 20 September 2026
  • BKA, Digital Services Act (Digitale Eingangsstelle), retrieved 20 September 2026
  • HateAid, DSA User Guide, retrieved 20 September 2026
As of

September 2026 · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.