Digitaler Zuspruch

Beschreibung

Nonverbal reactions such as likes, shares, and GIF comments on social networks can support and spread online hate. Elisabeth Tscharke demonstrates that such interactions are therefore already punishable under current German criminal law as digital acts of endorsement and can accordingly be prosecuted.
Hate on the internet contributes to the radicalization and polarization of society. In social networks, not only text-based messages but also nonverbal reactions (e.g., likes) can fuel hate communication. If such conduct crosses the threshold of criminal liability, it can have severe personal consequences for the recipients of these hateful messages. In addition, such behavior often constitutes attacks on a pluralistic society and the rule of law as a whole. Using an interdisciplinary approach, Elisabeth Tscharke examines whether such reactions are already punishable de lege lata. She outlines the technical and social-scientific background and then selects a range of offences related to expression and dissemination. Based on these offences, she assesses criminal liability first in the abstract and then concretely through case examples. In her analysis of perpetration and participation, she addresses the question of individual criminal responsibility. In the chapter on intent, she demonstrates that nonverbal forms of reaction require particular attention from the courts, as users' motives are often vague and opaque. Building on her examination of awareness of wrongdoing as part of the doctrine of culpability, Tscharke shows that various features of social networks indicate at least a reduced awareness of wrongdoing (e.g., the supposed anonymity among users). In the final chapter on recognizing positive post-offence behavior - such as posting an apology in response to prior online conduct - she illustrates that such behavior can be taken into account in the offender's favor during sentencing.

Autor*in

Elisabeth Tscharke
Born 1996; studied law at Ludwig Maximilian University of Munich and the University of Aix-Marseille; research assistant at the Chair of German, European, and International Criminal Law and Criminal Procedure Law as well as Business Criminal Law; First State Examination in Law in 2022; PhD (LMU Munich) in 2025; legal traineeship at the Higher Regional Court of Munich.

Themen in »Digitaler Zuspruch«

Äußerungsdelikte Digitalisierung Hasskommunikation Hate Speech Likes nonverbale Kommunikation Schuldlehre Social Media soziale Netzwerke Strafbarkeit Strafzumessung Täterschaft Teilnahme Unrechtsbewusstsein Verbreitungsdelikte

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