An insult online often hurts more than people expect. Comments, direct messages and posts stay visible, get shared and are hard to remove from the world. If you want to take action, however, you must watch a deadline and secure evidence in time. This guide explains how the filing deadline works, how you secure evidence and how a criminal complaint is lodged.
Short answer: An insult online is prosecuted only on application by the injured person. The application must be filed within three months, and the period starts at the end of the day on which you learn of the act and the perpetrator (Section 77b German Criminal Code). Secure the evidence before the post disappears, and record the date, link and profile name. Last updated: November 2026.
The most important points at a glance
- Under Section 77b of the German Criminal Code (StGB), insult is an offence prosecuted only on application. Without your application, it is not prosecuted.
- The application must be filed within three months. The period starts at the end of the day on which you learn of the act and the perpetrator.
- If the deadline falls on a Saturday, Sunday or public holiday, it moves to the next working day.
- Secure evidence immediately with date, time, link and profile name, because posts often disappear quickly.
- You can also report the post on the platform. That does not replace the application.
What counts as an insult online
Online the same standard applies as offline. A statement that degrades you can be criminal if it is public or perceivable by several people. Whether a statement is still criticism or already an insult depends on wording, context and form. The competent authority makes this distinction in each case, and legal advice can help you classify your situation.
For you as the affected person, the most important questions are who may file the application and until when. The filing deadline is the central yardstick. That is why every preparation starts with a look at the calendar: when did you first see the post, and when did you know who was behind it?
How long you have: the filing deadline
Under Section 77b(1) StGB, an offence prosecuted only on application is not prosecuted if the person entitled to file does not file the application within three months. If the deadline ends on a Saturday, Sunday or public holiday, it moves to the next working day. The wording therefore requires an application filed in time, and waiting does not extend the period.
Under Section 77b(2) StGB, the period begins with the end of the day on which the entitled person learns of the act and of the identity of the perpetrator. Online this moment is often unclear. You may have seen the post weeks earlier but identified the author only later. Document exactly when you learned what.
| Moment | What it means for you |
|---|---|
| You discover the post | Secure the evidence immediately and note the deadline in your calendar |
| You also know the author | From this day the three-month period runs |
| The deadline falls on a weekend or holiday | The period ends only on the next working day |
| Three months have passed without an application | Under this rule a criminal complaint is then no longer possible |
Securing evidence before something disappears
The most common weakness in complaints about online insults is incomplete evidence. A screenshot that shows only the text often is not enough, because the date, profile and link are missing. Secure the whole post, the time, the full profile name, the address of the post and any comments underneath it.
The order matters. Secure first, report second and block only last, because a block can remove your access to the content. Do not delete the evidence, even if the post is distressing. Make a copy and note where it is stored.
| Evidence | What you record |
|---|---|
| Screenshot of the post | Complete page with date, time and visible profile name |
| Link and address | Direct address of the post or comment |
| Messages | Sender, date and complete text, saved as a file |
| Witnesses | Names and contact details of people who also saw the post |
| Chronology | Short list of when you discovered and did what |
How the criminal complaint works
You can file the application with the police or the public prosecutor’s office. The police take down the report and pass it on. You describe the facts in your own words, hand over the secured evidence and make clear that you want the offence prosecuted. You can ask on site which form the application should take and have the procedure confirmed to you.
What counts is the application to the prosecuting authorities, not a report via the platform. Reporting to the provider can lead to the removal of the post but does not replace the application. It therefore makes sense to do both and to record the order in writing.
Digital violence and other constellations
Not every degrading remark is an insult, and not every injury online falls under the same offence. Images spread without consent or threats require their own assessment. The guide on deepfakes and the planned law against digital violence (in German) gives an overview of the planned rules.
If the insult comes from the university environment, for example from a study group or a seminar, the university’s own rules also matter. There the focus is often on conflict and advice rather than on the criminal application. For that area, the guide on bullying at university (in German) is the right starting point.
Frequently asked questions
Can I report a post without knowing the author?
Yes, you can report the incident even if the perpetrator is not yet known. The authorities carry out the investigation. It is important that you provide all details you have, such as profile name, link and time. The filing period begins only once you also know the perpetrator.
Do I need a lawyer?
You can file a criminal application without a lawyer. A lawyer can, however, help you secure evidence correctly and assess your prospects. If you are unsure about the deadline, professional advice makes sense, and the application should in any case be filed in time.
What happens if the post has already been deleted?
A deleted post is not automatically lost if you secured it beforehand. Screenshots and notes with date and link remain your evidence. The deadline keeps running regardless, so do not wait for a restoration.
Can I take civil action against the post as well?
Alongside criminal proceedings, civil claims may come into consideration, for example for an injunction or deletion. These are bound by other requirements and deadlines than the criminal application. A case-by-case check is needed, and this guide does not replace legal advice.
What if the perpetrator comes from my personal environment?
The deadline for the criminal application applies in that case too. If you experience insults from your personal environment, it helps to secure the evidence and document recurring incidents. In difficult constellations, the police or a counselling service can give initial orientation.
What to do now
- Secure the post immediately with a screenshot, link, date and profile name.
- Note in a short chronology when you first recognised the post and, if applicable, the author.
- File the criminal application with the police or the public prosecutor’s office before the three-month period ends.
- Also report the post on the platform and record when you did so.
Related guides
- Digital rights in everyday life: the overview for students
- Right to one’s own image: when you may post photos of others
- Deepfakes as a criminal offence: what the law against digital violence plans
- Bullying at university: what you can do (in German)
Last updated: November 2026. This guide is general information, not individual advice.
