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Endangering physical and emotional safety and wellbeing by calling for violence against a particular person or group of people, including threats of rape and other forms of gender-based violence.
 

Threat is a serious form of assault and one that should be urgently addressed to best prevent it from being realized in the physical world. Report each and every threat to the police and the public prosecutor. 

As threats often cause fear and insecurity, art. 138 of the Criminal Code - Endangering safety - provides a suitable legal basis for initiating mechanisms of protection. 

 In this case, public prosecutors and police are mandated to follow up, investigate and responsible for protection. As the filing party, you are responsible for collecting evidence  needed for filing the criminal charges. This charge is especially relevant for (female) journalists, as this charge provides for a higher sanction. 

ADVICE: Explain in detail how, why and when you feel unsafe, and detail your concern for the safety of your family and loved ones. These details could be the key to success when it comes to court proceedings.

In addition to reporting threats to police and digital platforms, inform your employer and document them . 

If you can, protect your mental health by taking a break from social media platforms, especially those spaces that can cause additional stress or fear for your safety. Create a network of support to help take over some of the work documenting the threats. Again, prioritize your physical safety above all else and If you ever feel that the online violence you’re experiencing, might transition into the physical world, call the police → immediately! 

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As the result of structural power inequality, false accusations, even if proven untrue, have the potential to inflict serious and lasting reputational damage on the accused. 
 

This type of attack can also be considered a form of pressure on freedom of expression, and it is difficult to ensure protection in this case. 

In the case that a false accusation results in the endangerment of safety, protection under art. 138 of the Criminal Code is available. In this case, public prosecutors and police are mandated to follow up, investigate and responsible for protection. As the filing party, you are responsible for collecting evidence needed for filing the criminal charges. This charge provides stricter sanctions if the target is a (female) journalist.

ADVICE: Explain in detail how, why and when you feel unsafe, and detail your concern for the safety of your family and loved ones. These details could be the key to success when it comes to court proceedings.

For harm suffered in the form of damage to reputation and dignity, compensation may be claimed through civil legal proceedings initiated via a lawsuit. Before initiating this type of lawsuit, the identity of the perpetrator as well as evidence substantiating the claim of identity manipulation and resulting harm must be provided.

Document how false accusations have caused you harm. If accusations have been published online, request that the website or platform remove this information. 

If the amount of content posted becomes too much to collect, ask your friends, and family to help you document false accusations and report them to the websites or platforms. 

Publicly commenting on or calling out  accusations is another way to address the attack, but do a preliminary risk assessment to evaluate the potential for negative reactions and amplification of the false accusations. 

 

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Usually found on internet forums or reddit-style threads, flaming refers to the use of offensive language, swearing and other methods of provocation for the purpose of eliciting a response from or engagement with the target. The ultimate goal is to inflict humiliation, shame, and ruin the target’s credibility. 
 

There are a number of methods this type of  assault can be carried out, so several corresponding criminal acts could be considered as mechanisms for protection.

In the case of flaming that includes threats, in which art. 138 of the Criminal Code- Endangering safety could offer protection. In this case, public prosecutors and police are mandated to follow up, investigate and responsible for protection. As the filing party, you are responsible for collecting evidence needed for filing the criminal charges. This charge provides stricter sanctions if the target is a (female) journalist.

ADVICE: Explain in detail how, why and when you feel unsafe, and detail your concern for the safety of your family and loved ones. These details could be the key to success when it comes to court proceedings.

If flaming is offensive and disrespectful in nature, court proceedings can be initiated via private lawsuit, requiring the identity of the perpetrator.  

Flaming is often accompanied by a high volume of anonymous messages and comments, further complicating the process of pursuing legal protection.

Your physical safety is your highest priority! Make sure you are in a safe place.  Turn off the location tracking options on your devices, including Google Maps and other apps. 
In addition to documenting evidence , reach out to your family, friends and partners for support. If the flaming is connected to your work, talk to your colleagues and employer to come up with a response that works best for you. 
Flaming usually comes with a high volume of messaging and can be quite intense, so consider taking a break from the platforms or websites where the abuse is occuring. 

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