germany public-health
Is it illegal in Germany to spread a list of locations that allow you to violate compulsory mask wearing
<p>I was recently sent a website which, among other terrible health advice, links to a custom google map which allows users to enter locations where they can shop/go to without wearing a face mask (due to COVID-19) and not face any consequences. Since wearing face masks is mandatory in Germany, are there any laws that are violated by:</p>
<ul>
<li>creating such a map in the first place (although it is user-entered content) and</li>
<li>linking to a map from one's own website?</li>
</ul>
<p>Additional information: The website's legal notice (An Impressum, which is mandatory in Germany) attributes the website to a woman living in Germany.</p>
<p>Reasons why I think this could/should be illegal:</p>
<ul>
<li>It gives advice on how to circumvent public health related laws</li>
<li>If enough people utilize this website, it could seriously endanger lots of people</li>
</ul>

<ul>
<li>The COVID restrictions are new enough that there are few court decisions on how to interpret them. There are frequent requests for court injunctions seeking temporary relief. Some pass, some are denied.</li>
<li>The website <em>might</em> accuse locations listed there of breaking the restrictions. Making such an accusation in public sounds like a very bad idea, <em>especially</em> if there is no solid documentation. But the aggrieved party would be any location falsely listed.</li>
<li>The site may or may not be hosted in Germany. If it is not, it becomes a really interesting question which law applies.</li>
</ul>
<p>You might inform the authorities, but beyond that, forget it.</p>

<p>The page owner might be breaking the law in three ways:</p>
<ul>
<li>She might unrightfully claim that certain businesses are breaking the law, punishable as <a href="https://dejure.org/gesetze/StGB/187.html" rel="noreferrer">defamation</a> and under civil law.</li>
<li>She might <a href="https://dejure.org/gesetze/StGB/27.html" rel="noreferrer">help</a> others to break the law.</li>
<li>She might <a href="https://dejure.org/gesetze/StGB/111.html" rel="noreferrer">instigate</a> others to the illegal act of not wearing a mask.</li>
</ul>
<p>However, I see some similarities to the unpunished act of publishing speed camera locations.</p>
<p>On a final note, I doubt that the location of the web server will have an impact on the jurisdiction, as it is clearly targeted towards a local audience.</p>

<p>As a private person, you can report the behavior to the police and health authorities, but you can not sue them per se - it is up to the Police to investigate (which they have the duty of) and the Staatsanwalt to decide to instigate a lawsuit. The Staatsanwaltschaft also will know best if and which laws were broken by both the listed places and the hoster.</p>
<p>The Health authorities might use your tip to investigate on the listed businesses, and again, it would be them to instruct/request a Staatsanwalt to instigate the lawsuit while themselves can hand out fines for noncompliance with ordinances. In some cases, they might shut down businesses until compliance with health standards is achieved, usually in gastronomic enterprises.</p>
<p>As the regulations are made and struck down, there is a rather fluent state of if the Staatsanwaltschaft will do anything, but reporting it is the only way to bring it to their attention.</p>
