this post was submitted on 17 Sep 2023
287 points (98.6% liked)
Asklemmy
43968 readers
1150 users here now
A loosely moderated place to ask open-ended questions
Search asklemmy ๐
If your post meets the following criteria, it's welcome here!
- Open-ended question
- Not offensive: at this point, we do not have the bandwidth to moderate overtly political discussions. Assume best intent and be excellent to each other.
- Not regarding using or support for Lemmy: context, see the list of support communities and tools for finding communities below
- Not ad nauseam inducing: please make sure it is a question that would be new to most members
- An actual topic of discussion
Looking for support?
Looking for a community?
- Lemmyverse: community search
- sub.rehab: maps old subreddits to fediverse options, marks official as such
- !lemmy411@lemmy.ca: a community for finding communities
~Icon~ ~by~ ~@Double_A@discuss.tchncs.de~
founded 5 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
There are quite different aspects to this. Formally insults are considered "libels" (or to translate it more literally from german: violations of honour). Some things depend a lot on the indivdual circumstances and actions, some are almost universally. Insults can be expressed verbally, non-verbally and through various means of communication (text, pictures, gestures, etc..).
For example, showing a driver the middle-finger (which is the common "fuck you"-gesture), because they took your right of way, is usually considered an insult. Whereas it is not considered an insult if you and your friends do that among yourselves with a humorous intent (which also needs to be perceived humorous for all participants). Another example: dumping your softdrink over your fellow pupil is usually an insult. Calling someone "bitch" can be an insult if it's meant in a demeaning way. It is not an insult if it's meant in a friendly manner, like the "heey biaaatch" and suchlike in colloquial English.
So it really depends on the intentions behind it and the reception of the one receiving the insult.
The jurisdiction of the German Federal Supreme Court of Justice says that insults are expressions about contempt or "dishonoring" (idk if that's a good translation) towards another person.
I could write a whole lot more about this as there are even more aspects to this (e.g., how family is a special case, how you don't even need to be the victim of an insult and it could still be illegal, some "flavours" of insults which are handled by different laws and much more), but I'm too lazy to do so now. ;)
But, which is very important and to avoid confusion: You can have a negative opinion about someone and are allowed to express it. It just depends on how you express it. Opinions and insults are different things. Freedom of speech is protected in Germany, but that has limitations there, where you can really hurt someone. (Reminds me of how insults provoke similar neurological reactions as a slap in the face.)