“Dirty cunt” is permissible expression on Facebook

Today seems to be the day when I am upset about certain judgments. I’m probably making some decisions at least as emotional as a certain B.H. from Thuringia.

But back to the topic:

As the Landgericht Berlin ruled, the term “dirty cunt” is not an insult, but an admissible expression of opinion. The present decision was a claim for information against Facebook by the politician Renate Künast concerning a quote attributed to her, the correctness of which the politician denies.

However, the District Court was vitiated by the reference to the

“While a Green MEP is talking about domestic violence, a CDU MEMBER asks the interim question of how the speaker stands on a decision by the Greens in North Rhine-Westphalia that the threat of punishment for sexual acts against children should be lifted. But instead of the Rednenn, according to the protocol, X calls in between: “Comma, if there is no violence in the game!” Doesn’t that sound like sex with children without violence?”

the opinion that the dispute with this alleged statement, which according to the applicant never fell, are opinions and are to be tolerated by the politician, since commenting users on Facebook would deal with the statement. and would also have been highly emotionalized.

Statements such as “Maybe this “lady” was molested a little too much as a child… and has lost some of her mind in the process….,”, “piece of shit”, “mentally ill”, “pedophile trulla”, or even “Man … what are you sick in the head!!!” are therefore not insults according to § 185 StGB.

The same would apply to “Fie you old green bastard …”, “He would be shot in the head… Was enough space because there was no brain/is”“Bitch” or “She wants to be a child again because no one else will touch the owl!”, because the comments were all made in reference to the quote in question.

However, I would be cautious with similar statements on social media sites, the decision, hopefully is an exception among German courts and it is to be hoped that the decision will be overturned at the Court of Appeal.

I see, “dirty cunt” is borderline, but acceptable according to the Chamber, as the topic in question also dealt with sexuality. I really don’t know if I should cry or laugh. what. I now know that the statement inserted into a picture of Star Wars “Why don’t you give her a good rattle until she gets back to normal!” is, according to the Berlin Regional Court, a tasteless criticism, but one that uses the stylistic device of polemics to express factual criticism.

Verdict: If you want someone on the worst hat. Uh say his opinion, then you look for something that the person even allegedly said and just refer to it. Tada!

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.