Is Using Fake Names on Social Media Legal in Germany After the 2026 Regulatory Updates?

Yes,

Using fake names on social media in Germany is generally legal, provided compliance with identity disclosure obligations under the German Telemedia Act (TMG) and the Network Enforcement Act (NetzDG). The Federal Ministry for Digital and Transport (BMDV) permits pseudonymity but requires platforms to enable authorities to identify users upon legal request. Recent 2026 amendments to the TMG strengthen traceability requirements, mandating real-name verification for certain high-risk accounts. Misuse for fraudulent or defamatory purposes remains criminally prosecutable under § 201a StGB (violation of personal rights) and § 263 StGB (fraud).


Key Regulations for Using Fake Names on Social Media in Germany

  • Telemedia Act (TMG) § 13(6): Social media platforms must allow users to operate pseudonymously but must retain user data for law enforcement access. The 2026 amendment introduces mandatory identity verification for accounts with over 100,000 followers or those disseminating political content.
  • Network Enforcement Act (NetzDG): Platforms must remove illegal content within 24 hours of notification. Pseudonymous accounts facilitating hate speech or disinformation face accelerated takedowns under § 3(2) NetzDG, with penalties up to €50 million for non-compliance.
  • Criminal Code (StGB) § 126a: Using fake identities to incite violence or spread false rumors about public safety triggers felony charges, punishable by up to 3 years imprisonment. The Federal Criminal Police Office (BKA) monitors such violations via the 2025 Digital Services Act (DSA) enforcement framework.