Berlin Regional Court has revised the controversial ruling from September with the result that six of 22 comments about the Green politician are now illegal

September verdict revised – The most important thing to start with:

  1. Reassessment of the September verdict brought partial success for Renate Künast
  2. Six comments with illegal content in the sense of insult
  3. Facebook may release the authors' personal data

Renate Künast has now achieved partial success. According to the Berlin district court, six comments “each contained illegal content in the sense of an insult.” The verdict is not yet legally binding. However, the ruling from September was revised. Here the court ruled that none of the comments violated the law. At the time, the judges judged the comments to be “close to the limit of what the applicant could still tolerate”.

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The Facebook posting was about a statement that Renate Künast made in the Berlin House of Representatives in 1986 on the subject of sex with children. Unknown people responded to the Facebook post with the worst insults.

Information may be published by Facebook

The Green politician wanted to get the regional court to have Facebook release the personal data of the authors of the comments so that she could take civil action. The court initially refused, so Künast filed an appeal. Now the comments were examined again by the civil chamber, which found Künast right in six cases and used this finding to support the new judgment, which stated that the comments had “degrading content, which from the point of view of the unbiased average reader was a targeted attack “appears on the honor of the applicant and is also limited to the personal degradation of the applicant”. The reason for the reassessment of the comments was the “context now presented of the original post and the additional judicial findings regarding its author that have now been obtained”.

In these six cases, Facebook is now allowed to release the user's name and email address as well as their IP address and upload time.

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No offenses of insult to other comments

As far as the remaining 16 comments are concerned, the Berlin Regional Court sticks to its original assessment. The statements “do not yet represent criminal offenses of insult” because the comments have a factual reference to Künast’s statement from 1986 and therefore “do not amount to a personal disparagement of the applicant”.

Second partial success for Renate Künast

Künast was only able to enforce a similar case in December. This was about insults on Twitter. Here, too, she requested information about a user who had attributed an incorrect quote to her in a tweet.

In line with this topic:

Source: Zeit.de
Article image: Press photo: Renate Künast (Photo: Laurence Chaperon)


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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 )