Concept and significance of protection of honor
The term “protection of honor” refers to the legal safeguarding of the honor of a natural or legal person against degrading, humiliating, or reputation-damaging attacks. Honor is understood both as a personal legal asset, as part of general personality rights, and as a social value. The protection of honor is reflected in various legal provisions in civil law, particularly in tort law, and in criminal law. Moreover, honor is also relevant in public law, for instance, in the protection of personality rights in media law and press law.
Civil law protection of honor
General personality rights
General personality rights protect personal honor as part of human dignity. Disparaging statements, untrue factual allegations, and defamatory criticism can constitute an unlawful infringement of personality rights.
Requirements and protective measures
A prerequisite for civil law protection of honor is the existence of an unlawful, culpable violation of honor. This particularly includes:
- Untrue or defamatory factual allegations
- Insults and defamation
- Damaging value judgments lacking factual basis
Affected parties may claim for injunctive relief, removal, and, if applicable, damages or compensation for pain and suffering, arising from Section 823(1) BGB (law of torts) in conjunction with general personality rights.
Protection of honor in freedom of expression law
The protection of honor is particularly significant in the law governing freedom of expression, as the right to freedom of expression under Article 5(1) of the Basic Law must be balanced against the protection of personal honor. Value judgments are generally covered by the scope of freedom of expression, whereas untrue factual allegations are not privileged and may constitute a violation of the protection of honor.
Other civil law connections
The protection of honor is also gaining significance in employment and corporate law, for example in internal disciplinary measures, reputational damage between partners, or within competitive relationships.
Criminal law protection of honor
Offenses against honor
Criminal law protects honor mainly through specific criminal offenses, referred to as “offenses against honor.” The relevant provisions are found in the Criminal Code (StGB):
- Section 185 StGB (Insult)
- Section 186 StGB (Defamation)
- Section 187 StGB (Calumny)
- Sections 188, 189 StGB (special cases, e.g., resistance against state authority, defamation of the deceased)
Definitions of offenses against honor
- Insult: Any expression of disrespect or contempt capable of undermining the reputation of the affected person. An insult can occur through words, writing, images, gestures, or physical acts.
- Defamation: Asserting or disseminating an untrue fact concerning another person that is capable of making them contemptible or lowering them in public opinion.
- Calumny: Alleging or disseminating a fact known to be false, capable of causing disparagement.
Criminal complaint and proceedings
Many offenses against honor are prosecuted only upon application (§ 194 StGB). This means that the harmed person must expressly state their wish for criminal prosecution.
Distinction from other offenses
Offenses against honor can also intersect with other criminal offenses, such as calumny based solely on facts under Section 187 StGB, insults on the internet (“cyberbullying”), or links to anti-discrimination and incitement offenses.
Protection of honor in public law and media law
Protection of personality rights in media law
Journalistic publications must respect the personality rights of affected persons. Here, there is a tension between the public’s interest in information and the protection of honor. The courts require a weighing process, in which the severity of the violation of honor is balanced against the protection-worthy status of freedom of expression and the press.
Right of reply and injunction
Affected persons are often entitled to a right of reply under state media laws. In serious cases, press law claims for injunction, retraction, or a public apology may also be asserted.
International and constitutional aspects
Fundamental rights and human rights
Honor is protected by various international human rights instruments, for example, by Article 8 ECHR (right to respect for private and family life) and Article 17 ICCPR (protection against arbitrary or unlawful interference with honor and reputation).
Balancing with freedom of expression
A central aspect of the protection of honor lies in the balanced weighing of the freedom of expression and the safeguarding of personal honor. These areas of protection have varying weight, especially in the context of public figures.
Case law and practical examples
The courts have developed numerous guidelines to balance the tension between democratic freedom of discourse and individually justified protection of honor. Important are, for example, rulings of the Federal Constitutional Court which provide clarifications on the concept of defamatory criticism or the permissibility of satirical exaggerations.
Summary
The protection of honor is a core legal institution in Germany and other European legal systems, providing both civil and criminal law safeguards. The protection of personal honor is secured by various statutory provisions and principles of case law, which must always be understood in the light of other fundamental rights – especially freedom of expression. It is recognized that honor is not protected without limits; rather, protection finds its boundaries where legitimate interests of the public or third parties take precedence.
Frequently asked questions
When is a criminally punishable insult present under German law in the context of protection of honor?
A criminally punishable insult under Section 185 StGB (Criminal Code) in the context of protection of honor is present if someone violates another person’s honor by expressing disrespect or contempt. This can be done through words, gestures, physical acts, or the dissemination of defamatory content. For criminal liability, it is necessary that the insulting conduct becomes perceptible to the affected person or third parties. The insult must be directed toward a specifically identifiable person, where groups may also be covered if individuals can be identified. Insults against legal entities are generally not punishable, as only natural persons are bearers of personal honor. Additionally, the act must be committed intentionally. The insult is prosecuted only by application, unless there is a special public interest in prosecution.
What special features apply to the protection of honor in civil law?
In German civil law, protection of honor is primarily established in the general personality right under Article 1(1) in conjunction with Article 2(1) of the Basic Law and in Sections 823 and 1004 BGB. A violation of personal honor may give rise to claims for injunctive relief, removal, retraction, and—in special cases—damages or monetary compensation. The infringement must be a serious and unlawful violation of honor that is not justified by the fundamental rights of third parties (in particular, freedom of expression and freedom of the press). Courts perform a comprehensive balancing of interests, weighing the protection of honor against freedom of expression. In exceptionally serious cases, a claim for non-material damages in the form of monetary compensation may also arise.
How can permissible expressions of opinion be distinguished from impermissible violations of honor?
The distinction is primarily made through differentiating between factual assertions and expressions of opinion. While facts can generally be proven to be true or false, opinions are subjective value judgments. Expressions of opinion are specially protected by Article 5(1) of the Basic Law, even if they are sharp or exaggerated. However, they cross the line into impermissible violation of honor if they constitute so-called defamatory criticism—that is, the disparagement of the person is the main focus rather than debate on the subject matter. Factual assertions are inadmissible and defamatory if they are untrue or violate general personality rights.
Who can become a victim of an attack on honor?
Victims of attacks on honor can be any natural persons who possess their personal rights. Minors, adults, and even legal entities and partnerships can be affected in a limited context in terms of social or commercial reputation (such as defamation of reputation). However, in criminal law, only the individual honor of natural persons is protected. Deceased persons enjoy a limited posthumous protection of honor, especially in severe cases of immoral attacks on their memory according to Section 189 StGB.
What legal consequences may result from violations of the law on protection of honor?
Violations of the protection of honor may incur both criminal and civil sanctions. Criminal law consequences include fines or imprisonment in the case of insult, defamation (§ 186 StGB), or calumny (§ 187 StGB). In civil law, affected parties may claim for injunctive relief and, if applicable, damages or monetary compensation. Furthermore, a court-ordered retraction and removal of the defamatory content may be demanded. The enforcement of these claims requires different procedural requirements depending on the area of influence, for example, filing an application or bringing an action before the civil court.
How is protection of honor regulated with respect to the media and on the Internet?
In cases of attacks on honor through media reports or publications on the Internet, the general principles of the protection of honor apply, with due consideration of the special importance of freedom of expression and freedom of the press. Media companies can be held liable for defamatory criticism, untrue factual assertions, or violations of personality rights. In the online sector, apart from general civil and criminal law provisions, special statutory regulations such as the Telemedia Act (TMG), the Network Enforcement Act (NetzDG), and international regulations also apply. Affected persons may proceed against social network operators, website providers, or authors and—depending on the circumstances—demand removal, injunction, and information. Cross-border violations of honor on the Internet also raise additional issues regarding international jurisdiction and applicable law.
What is the significance of the application in criminal proceedings relating to offenses against honor?
Offenses against honor are generally offenses subject to complaint, meaning that prosecution typically requires a complaint to be filed by the injured party (§ 194 StGB). Only in exceptional cases, such as those involving the public interest, is prosecution ex officio permitted. The complaint must be submitted in writing or recorded by a law enforcement authority and must be filed within three months of learning of the offense and the perpetrator’s identity. Failing this deadline generally means that prosecution can no longer take place.
