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Sec. 186 German Criminal Code (Malicious Gossip)
The legislation provides for a penalty of imprisonment for a term not exceeding one year or a fine for any person who asserts or disseminates malicious gossip about another person.
If the offense was committed publicly or by disseminating material, a penalty of imprisonment for a term not exceeding two years or a fine may be imposed. ‘Material’ is defined broadly to include audio and visual media, data carriers, images, and other depictions that are equivalent. Malicious gossip is defined as being suitable for degrading that person or negatively affecting public opinion about that person. The ‘fact’ cannot be true to be caught by this offense.
However, do note that liability to punishment may be limited if the insult was based on a mutual exchange (Sec. 199 German Criminal Code).
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