Retraction of False Statements: Legal Situation and Significance
The retraction of false statements is a central concept in civil and criminal law, particularly in the areas of personality rights as well as media and press law. It describes the withdrawal of untrue, defamatory, or reputation-damaging factual assertions made to third parties. This article provides a comprehensive overview of the legal basis, forms, prerequisites, consequences, and particularities of the retraction of false statements.
Definition: What is the Retraction of False Statements?
A retraction of false statements refers to the public withdrawal and correction of a previously made, objectively incorrect fact that infringed upon the rights of another person. The aim of the retraction is to restore the affected party’s original reputation and eliminate ongoing impairments resulting from the dissemination of the false information.
Legal Basis of the Retraction of False Statements
Civil Law Provisions
In civil law, the claim for retraction of false statements is primarily based on provisions for the protection of the general right of personality (§ 823 Sec. 1, § 1004 German Civil Code, BGB), and is supplemented by press law provisions of the state press acts.
General Right of Personality (§ 823 Sec. 1, § 1004 BGB)
Anyone whose right of personality is infringed by the assertion or dissemination of false facts may, pursuant to § 1004 BGB in conjunction with § 823 Sec. 1 BGB, demand an injunction and a retraction. The prerequisite is an untrue factual allegation that is capable of impairing the reputation or social standing of the affected person.
Retraction in Media and Press Law
The press law of the German federal states specifically regulates that those affected by false reporting have a claim to retraction or counterstatement against the medium. The state press laws impose corresponding obligations on newspapers, magazines, and broadcasting companies, provided that the dissemination of falsehoods has infringed upon the rights of third parties.
Form and Nature of the Retraction
The form of the retraction depends on the original means by which the statement was spread. As a rule, the retraction must be published in the same medium, in a comparable position, and with similar publicity as the contested statement.
Criminal Law Aspects
Criminal law also contains provisions relating to the retraction of false statements:
False Accusation (§ 164 German Criminal Code, StGB)
Anyone who knowingly makes a false accusation to an authority or publicly accuses another person of an unlawful act or other breach of duty may be liable to prosecution. A subsequent retraction of the statement may result in a reduced sentence.
False Unswoorn Testimony and Perjury (§§ 153, 154 StGB)
In the context of court testimony, the retraction of a false statement can, under certain circumstances, have an exculpatory effect, provided that the retraction occurs in good time (i.e., before the court reaches its decision) and fulfills the criteria of effective repentance.
Requirements for a Retraction Claim
Falsehood of the Factual Statement
A fundamental requirement for a claim to retraction is the objectivity of the falsehood of the disseminated assertion. While value judgments are generally not subject to retraction, since they are protected by freedom of expression, the dissemination of verifiable, false facts falls within the scope of the retraction claim.
Risk of Repetition and Continuation
A retraction may particularly be demanded if there is reason to fear that the false statement will continue to be believed, taken up, or disseminated anew. The preventive aspect of protection plays an important role here.
Impairment of Legally Protected Interests
It is also necessary that the false statement has violated the general right of personality, the right to one’s own image, the right to honor, or a comparable legal interest of the affected party.
Legal Consequences and Enforcement of the Retraction
Enforcement of Claims
The enforcement of a retraction claim typically occurs extrajudicially by means of a warning, and if necessary, through a lawsuit for retraction. The practical approach depends significantly on the nature of the statement and the medium used (e.g., print media, online platforms, broadcast media).
Scope and Obligation to Publish
A retraction has a public effect. To eliminate reputational damage, the retraction must be published to a comparable extent and in the same place as the original statement.
Damages and Compensation for Pain and Suffering
In addition to the retraction, claims for damages (§ 823 Sec. 1 BGB) or monetary compensation for violation of personal rights may be asserted, provided that material or non-material damage has occurred due to the false statement.
Special Aspects and Distinctions
Retraction and Counterstatement
While the retraction involves the withdrawal and correction of false facts, the counterstatement regulates the right to present a differing point of view by the affected party. Both instruments serve to protect personality rights, but fulfill different purposes.
Distinction Between Statements of Fact and Expressions of Opinion
Not every problematic statement is subject to retraction. Value judgments, whose truth cannot be objectively established, are regularly protected under freedom of expression by Art. 5 of the Basic Law and only exceptionally give rise to a claim for retraction—for example, in cases of formal insults or smear criticism.
Practical Examples and Case Law
The courts have provided extensive guidelines on the retraction of false statements. They focus in particular on the lasting impact on reputation and the specific reach of the contested statement. Once it is established that an untrue, reputation-damaging factual allegation has been made public, the medium concerned is obliged to publish a retraction.
Summary
The retraction of false statements is an important tool in the German legal system for correcting demonstrably untrue and reputation-damaging factual allegations and for protecting the rights of the affected party. The legal requirements span civil, press, and criminal law. The claim is subject to strict prerequisites and is aimed at fully eliminating the continuing effects of the contested statement. In balancing protection of honor and freedom of expression, case law and legislation provide comprehensive protection against defamatory false allegations.
Related Terms:
- Right of Personality
- Claim for Injunction
- Counterstatement
- Press Law
- Damages for Violation of Personal Rights
Frequently Asked Questions
What legal requirements must be met for a retraction of false statements?
A retraction of false statements generally requires that an objectively untrue factual claim has been made publicly or to third parties. The statement must be demonstrably false and capable of impairing the rights or reputation of a third party. In addition, the affected party must have a legitimate interest in the retraction, for example, because their personal rights, professional reputation, or other protected legal positions have been violated. The legal basis for retraction is found in German civil law, especially tort law (§ 823 BGB), as well as in the general right of personality (Art. 1 Sec. 1, Art. 2 Sec. 1 GG in conjunction with § 1004 BGB analogously). No prior warning is strictly required for enforcement, though it is customary. The retraction can be sought and enforced both in and out of court.
Who is obligated to issue a retraction?
In principle, the person who made or disseminated the false factual allegation is obliged to issue a retraction. This not only affects the original author but, under the so-called ‘disturber liability,’ also persons or institutions that further disseminate the false statement, provided they adopt it as their own or are responsible for its dissemination (e.g., press, online platforms). The obligation to retract may also extend to media companies or employers if their platform was used for publication and there was no sufficient editorial review mechanism. For media, the journalistic duty of care (§ 57 RStV, § 12 Press Code) requires that detected misrepresentations be retracted and corrected.
What deadlines apply to the assertion of a retraction?
There is no specific statutory exclusion period for asserting a retraction; however, it is subject to the general statute of limitations for civil claims. Claims arising from unlawful acts (e.g., § 823 BGB) usually become time-barred after three years from knowledge of the obligor and the false statement (§ 195, § 199 BGB). Prompt action is advisable, as long-term, unchallenged tolerance of the statement may be interpreted as implied consent and the interest in retraction can thereby lapse. Moreover, press law counterstatement claims are often tied to very short deadlines (usually a few weeks after publication).
How must a retraction be formally structured and disseminated?
The retraction must be clear, unequivocal, and effective in reaching the public. The previous false allegation should be comprehensively corrected with a clear reference to the original statement. It should be published in the same medium and in a similar form (e.g., on the same website or newspaper section where the error appeared) to reach the public as effectively as the original false information. The scope of the retraction depends on the type and reach of the original publication; the larger it was, the more comprehensive and transparent the retraction must be. The affected party can specify the manner by providing a draft text, but the defendant does not have to follow this word for word, as long as the retraction is objectively sufficiently clear and suitable for correcting the disputed matter.
What legal consequences result from failure to comply with a demand for retraction?
If the author of a false statement ignores a justified demand for retraction, the injured party can enforce their claim through the courts. The court can grant an order for the public retraction within injunctive and retraction proceedings; in the event of non-compliance, a fine or detention may be imposed (§§ 890, 891 ZPO). In addition, the continued dissemination of the false statement can continue to constitute an ongoing violation, allowing claims for damages to be asserted, especially of a non-material nature (e.g., compensation for reputational damage pursuant to § 823 Sec. 1 BGB, possibly § 1004 BGB analogously).
Does retraction differ from a counterstatement or a correction?
Legally, ‘retraction’ refers to the formal withdrawal and public correction of an untrue factual allegation by the original perpetrator. The counterstatement, by contrast, is a specific press law claim (under the state press acts), whereby the affected party can demand that their own opposing statement be published, regardless of whether the original allegation was objectively false. The ‘correction’ is usually made on the editorial initiative, when a medium itself admits and corrects errors. Retractation, unlike the other instruments, is tied to objective falsehood and fault on the part of the asserting party, whereas the counterstatement provides a formalized and prompt remedy without a need for fault to be established initially.
What costs may be incurred by the claimant in retraction proceedings?
In retraction proceedings, both extrajudicial and court proceedings may involve attorney and court fees. Anyone requesting a retraction unsuccessfully or acting abusively must bear the costs pursuant to § 91 ZPO. If the retraction is made out of court, the debtor must reimburse the creditor’s legal costs (§ 286 BGB) if in default. In court proceedings, the amount in dispute—and thus the court costs—are determined by the severity of the infringement and the economic interest in correction; in prominent or economically significant matters, these sums can be considerable. Furthermore, costs may arise from any preliminary injunction proceedings.
