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Emergency

A false factual claim about you online: deletion and correction

Unlike opinions, untrue factual claims are not covered by the right to freedom of expression. If something false is claimed about you, you can demand deletion, that it stop and, under certain circumstances, a correction. What is decisive is distinguishing fact from opinion.

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Your chances of getting your money back

Untrue factual claims violate your personality rights and are not protected by freedom of expression. You can demand that it stop and deletion (§§ 823, 1004 BGB) and, where there is harm, claim damages.
Value judgments and opinions, on the other hand, you generally have to tolerate, as long as they do not turn into abusive criticism. A factual claim is capable of being proven, that is the decisive difference.

What you should do now

  1. 1

    1. Classify the statement

    Is it a fact capable of being proven (attackable if untrue) or an opinion (generally permitted)?

  2. 2

    2. Secure evidence

    Screenshots with URL and date, as well as documents that show the untruth.

  3. 3

    3. Demand deletion / cease-and-desist

    Demand from the author and the platform the deletion of the untrue claim and that it stop.

  4. 4

    4. Correction / damages

    If the impairment continues, a correction and damages may be options.

How to spot the scam

  • A demonstrably false fact is being spread about you.
  • The claim concretely harms your reputation or business.
  • The author and the platform do not respond to your challenge.

Frequently asked questions

What is the difference between an opinion and a factual claim?

A factual claim is capable of being proven (true or untrue), an opinion is an evaluation. Untrue factual claims are not covered by freedom of expression and can be prohibited; opinions you generally have to tolerate.

How do I act against a false claim?

Secure evidence and documents for the untruth. Demand from the author and the platform deletion and that it stop (§§ 823, 1004 BGB). If the impairment continues, a correction and damages may be options.

What if it is only a negative opinion?

Pure value judgments and opinions are generally permitted, even if they are negative, unless they turn into abusive criticism or insult. Then you can act against them too.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.