New legal situation: child abuse, doxing and agitation are punished more severely

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A change in the penal code provides for harsher penalties for child abuse, inflammatory insults and doxxing. Distributing publicly available information about people with the intention of committing a criminal offense is a criminal offense, as is incitement to hatred via private messages on social networks.

So should be loud Section 130a of the Criminal Code and Section 176e StGB Among other things, not only the possession of child pornographic content, but also the dissemination of information about places where children often stay, as well as the provision of detailed instructions on the abuse of minors are punishable. The legislature saw it necessary to strengthen the previous criminal law protection, as investigators have come across more and more relevant documents in the recent past. With the new legal situation, perpetrators are now threatened with imprisonment of up to three years or a fine for the offenses mentioned, whereby the penalty for accessing and possession of abuse instructions begins with a minimum penalty of two years.

Disseminating public information for criminal offenses is now also a criminal offense

With among other things Section 126a is also the “Hazardous dissemination of personal data“Newly regulated, what also the Section 86 includes. The new legislative package against the so-called “Doxxing“Excludes illegal acts in its criminal assessment”against sexual self-determination, physical integrity, personal freedom or against something of significant value” with a. Anyone who in the future already disseminates personal information from public sources with the aim of harming the relevant persons or persons close to them is to be punished with a prison sentence of up to two years or a fine according to the new case law. If the disseminated information comes from sources that are not publicly available, the sentence increases to imprisonment for up to three years. As usual, the exceptions to this are reporting on current affairs.

Agitation should also be punished more severely

A stronger action against hate speech was decided The legislator, as the previous containment tools were not considered sufficient. Up to now, a private message with inflammatory content, distributed in social networks, did not fulfill the relevant offense, even if it contained statements against the recipient that were worthy of punishment. After the number of both right-wing and left-wing extremist statements on social media has risen sharply, the legislature has been forced to act, which is now being taken into account by tightening the legal situation – for example in the form of the Section 192a of the Criminal Code. According to this, anyone who in the future distributes content that is likely to attack the human dignity of others will be punished with a prison sentence of up to two years or a fine with immediate effect. This includes religious or ethnic origin as well as the areas of worldview, disability or sexual orientation.

Doxxing is increasing

As early as the middle of the year, the Federal Council had spoken out in favor of tightening the legal situation that had previously been in force. This was preceded, among other things, by various incidents with Doxxing as a background: For example, at the beginning of 2019, unknown persons had copied sensitive data from hundreds of politicians and published it online. These included not only data and documents, but also chat logs, telephone numbers and information about credit cards. Almost all parties in the Bundestag were affected by the data theft at the time. The dates themselves were published in a kind of advent calendar until December 20, 2018. At the time, the attacker was said to have focused primarily on attention.

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