Media criminal law still is a young legal concept. The regulations sanctioning violations in this field of law are not covered by a single legal code but are rather spread in various laws. Media criminal law covers all prohibition regulations that are either specifically or typically addressed to members of the media. These include the criminal provisions in the state press laws and the insulting offences by the German Criminal Code (such as e.g. insult and defamation, Section 185 et seq. StGB) as well as criminal offences under the German Copyright Act such as file sharing (Section 106 et seq. UrhG), and more recently under the Digitale-Dienste-Act. Equally relevant, however, are criminal procedural law standards. Such as the right to refuse to testify for members of the media in accordance with Section 52 paragraph 1 no. 5 of the German Criminal Procedural Code (StPO) and the dawn raid restrictions in accordance with Sections 103 paragraph 2, 104, 105 StPO. The high-ranking freedom of expression and the freedom of press as fundamental rights under Article 5 paragraph 1 of the German Constitution repeatedly raises the question of content and justification of criminal limitations towards the media.
Within media criminal law, internet criminal law has become increasingly relevant in practice. As actions such as cyber-bullying, cyber-stalking and cyber-grooming are becoming more and more common, the Federal Ministry of Justice and Consumer Protection (BMJV) has approached the issue by the extension of existing and the creation of new criminal offences penalizing such misuse. Typical offences of internet criminal law are besides
- insult and defamation,
- offences of press law, so-called press criminal law,
- computer fraud in accordance with Section 263a of the StGB,
- phishing and pharming as well as data change pursuant to Section 303a of the StGB
- and the spying of data in accordance with Section 202a of the StGB.
In proceedings, concerning media criminal law Juergen Klengel protects the interests of companies and individuals, including persons in public life. Therefore, he develops precise solution-oriented strategies, files charges and represents his clients in the event of criminal proceedings against them in front of the German and international law enforcement authorities and in the court. Furthermore, he enforces injunctions and raises damage claims against the perpetrators and the platform operators in civil courts.