Should public bullying be illegal
Cyber bullying is not directly punished by law. In a cyber bullying case, criminal code laws can take effect.
Section 185 of the Criminal Code: Insult
The offense is punished with imprisonment for up to one year or with a fine and, if the offense is committed by means of assault, with imprisonment for up to two years or with a fine.
Section 186 Criminal Code: Defamation
Anyone who asserts or disseminates a fact in relation to another which is likely to make the same contemptible or to be degraded in public opinion, if this fact is not proven to be true, will be punished with imprisonment for up to one year or with a fine and, if the act is committed committed publicly or through the dissemination of writings (Section 11, Paragraph 3), punishable by imprisonment for up to two years or a fine.
Section 187 of the Criminal Code: Defamation
Anyone who, against his better judgment, asserts or disseminates an untrue fact in relation to another, which is likely to make the same thing contemptible or disparaging in public opinion or jeopardizing his / her credit, is punished with imprisonment for up to two years or with a fine and, if the act is committed committed publicly, in a meeting or by distributing writings (Section 11 Paragraph 3), punishable by imprisonment of up to five years or a fine.
Section 238 of the Criminal Code: Enactment
(1) Whoever pursues a person without authorization by persevering 1. seeks out his physical proximity, 2. tries to establish contact with him using telecommunications or other means of communication or via third parties, 3. placing orders for goods or services for him by misusing his personal data or causing third parties to contact him, 4. threatens him with harm to life, physical integrity, health or freedom of himself or a person close to him or 5. undertakes another comparable act and thereby seriously affects his life, is punished with imprisonment of up to three years or with a fine.
(2) A prison sentence of three months to five years is to be recognized if the offender puts the victim, a family member of the victim or another person close to the victim at risk of death or serious damage to health.
§ 22 KUG / KunstUrhG: Right to your own picture
Images may only be distributed or publicly displayed with the consent of the person depicted ... The right to one's own image or image right is a special expression of the general right of personality. It says that every person can basically decide for themselves whether and in what context pictures of them are published.
Section 201 Criminal Code: Violation of the confidentiality of the word
Anyone who makes unauthorized sound recordings of another person, e.g. B. of a lecture that was only intended for a small group of people - the class - and that disseminates this recording, is punishable by law.
Section 201a of the Criminal Code: Violation of the very personal sphere of life through taking pictures
Anyone who secretly photographs or films another person in their home or in an intimate environment, such as the shower, toilet, changing room, etc., is a criminal offense. The dissemination of such recordings is also punishable.
§ 240 & § 241 Criminal Code: Coercion & Threat
Anyone who threatens another person with violence or other damage if they do not comply with a demand to do something, to refrain from doing something, etc., is liable to prosecution.
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