Limits to freedom of expression on the Internet

The issue of freedom of expression is more relevant than ever in times when social networks have become the most important platform for expressing opinions and exchanging information. A current ruling by the Hamm Higher Regional Court (ref.: 4 ORs 46/23) shows the limits of this freedom - and sends a clear message to all internet users.

Case description: SS settlement leads to legal consequences

A Corona denier from Paderborn who published a photo montage on his public Facebook page with a half-page picture of the Hamburg police spokesman and SS Obersturmführer Werner Ostendorff must now pay a fine. The judgment is legally binding, but a constitutional complaint to the Federal Constitutional Court is still possible.

Judicial assessment: Prohibited display of unconstitutional license plates

According to the Higher Regional Court, the Paderborn Regional Court in the lower instance did not recognize that the display of unconstitutional license plates was prohibited. According to the case law of the Federal Court of Justice, the ban is intended to prevent the revival of these symbols in public.

Communicative taboo: Relativization and trivialization of the SS crimes

In his verdict, the judge emphasized that comparing the police with the SS relativized and trivialized the crimes of the SS - a communicative taboo. The police officer did not have to put up with this insult, especially since the online publication had been made available to a broad public.

Conclusion: responsibility when using social media

The ruling underlines the importance of responsibility and caution when using social media. Even if the Paderborn native didn't create the montage himself, he did publish it on the networks. Increased caution is required, especially when it comes to written statements, especially on social networks. In this case, an unspeakable comparison was made with an SS criminal who did not contribute to the formation of opinions in the corona pandemic.

The internet never forgets and the consequences of our actions can be far-reaching. This ruling should remind us all that freedom always goes hand in hand with responsibility and that the Internet is not a legal vacuum.

Source: OLG Hamm, decision of June 27, 2023 - 4 ORs 46/23

Also read: Fighting in the digital space: How to protect yourself from online attacks


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Notes:
1) This content reflects the current state of affairs at the time of publication. The reproduction of individual images, screenshots, embeds or video sequences serves to discuss the topic. 2) Individual contributions were created through the use of machine assistance and were carefully checked by the Mimikama editorial team before publication. ( Reason )