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"Dirty cunt" is permissible expression on Facebook

This post is also available in: Deutsch

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 like “Was this “Lady” perhaps a little much more… and has lost some of their minds….,”, ” Piece of shit”, “mentally ill”, “paedophile-trulla”, or even “human … what until you get sick in your head!!!” therefore, no insults under Paragraph 185 of the StGB are not to be seen.

The same would be for “Pfui du old green dirty pig ..”, “He would be shot in the head… Was enough space because there was no brain/is”, “slut” or “She wants to be a child again because no one else goes to the owl!” because the comments were all made in relation to the said quote.

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.

Oh, according to the board, “Dirty cunt” is borderline, but to be accepted, since the subject in question also had the area of sexuality as its content. 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” “Knock it through until it becomes normal again!” is, according to the Berlin District Court, a tasteless critique, but one that uses the stylistic means of polemics to criticize it objectively.

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!

Marian Härtel

Marian Härtel

Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.


03322 5078053


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