In the years-long fight against insults on Facebook, Green Party politician Renate Künast has achieved a decisive success. Facebook has to give Künast the data of ten users who massively insulted her online. This was decided by the Berlin Court of Appeal, as a court spokesman announced upon request on Tuesday, November 8, 2022 (ref.: 10 W 13/20).

Renate Künast writes on Facebook:

“For years I have been exposed to an unprecedented wave of hate and hate speech on Facebook. Numerous insulting comments were collected under a false quote spread by the nationally known right-wing extremist Sven Liebich. For more than three years, I have been taking civil action against this together with the non-profit organization HateAid.

In a historic decision, the Federal Constitutional Court criticized the decision of the Berlin courts, which saw the statements as covered by freedom of expression. It overturned this and referred the case back to the Court of Appeal. This proved me right in all cases.

It took an extremely long time, especially given the pace of the digital world, but now there is a victory with the hard-fought decision of the Court of Appeal. This entire process since the Berlin Regional Court's decision in September 2019 was also emotionally arduous and inevitably led to federal constitutional law in Karlsruhe, which overturned the earlier decision. Clear legal limits have now been set and, above all, it has been stated that it is in the public interest that the personal rights of elected officials are protected. The digital reach and reproducibility must also be taken into account. I have to take a deep breath now so I can be happy after the long fight. But after the regional court’s decision in 2019, things have now come full circle.”

Renate Künast was supported by the non-profit organization HateAid, which published the following press release:

Through all instances in three years: the court now finds Künast right in all cases

Federal Constitutional Court, the Berlin Court of Appeal had to deal again with the insulting statements made against Renate Künast (Alliance 90/The Greens) on Facebook. These caused outrage across Germany in 2019. Even comments like “Drecks cunt” were classified as legal by the Berlin district court at the time. Three years and a constitutional complaint later, the court said that all statements were now unlawful insults.

For years, Renate Künast has been exposed to an unprecedented wave of hatred and agitation on Facebook. Numerous insulting comments were collected false quote from the politician that was spread by the nationally known right-wing extremist Sven Liebich (Mimikama: We HERE Künast and the non-profit organization HateAid have been taking civil action against this for more than three years.

The aim is to determine the identities of the authors so that they can be held accountable. However, the Berlin Regional Court initially classified all comments as covered by freedom of expression. Only after a complaint was made, at least twelve of the 22 comments were deemed unlawful. Renate Künast then filed a constitutional complaint against the decision of the Berlin Court of Appeal. In a historic decision, the Federal Constitutional Court criticized the decision of the Berlin courts. It overturned this and referred the case back to the Court of Appeal. This proved that Künast was right in all cases. Facebook must therefore also release user data in cases that are still open.

“It took an extremely long time, especially given the pace of the digital world, but now there is a victory with the hard-fought decision of the Court of Appeal. This entire process since the Berlin Regional Court's decision in September 2019 was also emotionally arduous and inevitably led to the Federal Constitutional Court in Karlsruhe, which overturned the earlier decision. Clear legal limits have now been set and, above all, it has been stated that it is in the public interest that the personal rights of elected officials are protected.

The digital reach and reproducibility must also be taken into account. I have to take a deep breath now so I can be happy after the long fight. But after the regional court's decision in 2019, a circle is now closing. Anyone who is committed to democracy is not fair game for those who want to systematically destroy democracy. An important sign, especially in these times.”

Renate Künast (Alliance 90/The Greens), MP

Protection of the personal rights of politicians in the public interest

In its historic landmark decision , the Federal Constitutional Court addressed for the first time which weighing criteria are relevant for insults in social networks. It emphasized that effective protection of the personal rights of politicians is in the public interest. Only then can a “willingness to participate in the state and society” be expected.

The Federal Constitutional Court made it clear: The decision of the Berlin courts in the “Künast case” did not meet the constitutional requirements of a balancing decision. Insults on the Internet cannot simply be viewed as a factual contribution to the political debate. Following an order from Karlsruhe, the Berlin Court of Appeal had to deal with the case again. The assessment was now different than in 2020 and primarily refers to the context of the statements. The Federal Constitutional Court had made it clear that this is crucial in assessing whether a statement can still make a contribution to the formation of political opinions. This is not the case, especially in view of the fact that a false quote without any truthful content was commented on.

“The current ruling by the Chamber Court shows that the rule of law works, but the price for those affected by digital violence is too high. A person who is insulted and defamed online must first sue in all instances for three years and go all the way to the Federal Constitutional Court before the perpetrators can even be identified. This is an imposition. Justice should not depend on how much time, money and energy those affected can devote.”

Anna-Lena von Hodenberg, founding managing director of HateAid

The rule of law works, but the price for those affected by digital violence is too high

For years, HateAid has seen that those affected by digital violence are not taken seriously enough by the police and judiciary. In too many cases, complaints are not even filed or the proceedings are dropped - especially in the case of insults. Hate crime on the internet is a mass crime and should be reported and prosecuted at a low threshold. Right-wing extremists in particular use digital violence to intimidate and silence people. In the worst case, this can also turn into analogous violence, as the murder of Walter Lübcke shows. Courts and law enforcement authorities must finally understand what and, above all, how dangerous digital violence actually is, says HateAid.

Attorney Dr. Severin Riemenschneider , who represented Renate Künast in these proceedings, said:

“When worst insults like “piece of shit” were classified as permissible expressions of opinion in 2019, no one dared to think of this outcome. What is particularly pleasing is that it is now clear: public officials and politicians must receive special protection. The Court of Appeal also does not allow the perpetrators to claim that they merely relied on the falsified quote.”

More information about the case can be found here .

Source and links:

Case law KG, March 11, 2020 – 10 W 13/20 – Dejure.org
hateaid.org

Related to the topic:
True and false quotes from politicians
Renate Künast wins legal battle to delete false quotes
Künast with partial success: LG Berlin judge changes “dirty cunt” decision
Künast: “Integration begins with the fact that you, as a German, speak Turkish learn”
The Künast fake quote: legal consequences!
Hate postings on Facebook: Nobody is really anonymous!


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