• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
ITMediaLaw - Rechtsanwalt Marian Härtel
Warenkorb
Plugin Install : Cart Icon need WooCommerce plugin to be installed.
  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
ITMediaLaw - Rechtsanwalt Marian Härtel

ITMediaLaw - Rechtsanwalt Marian Härtel > Law on the Internet > Expression or statement of fact? The Dangers of Content Producers

Expression or statement of fact? The Dangers of Content Producers

2. August 2019
in Law on the Internet
Reading Time: 4 mins read
0 0
A A
0
press 1015988 1280

The problem

Content Hide
1. The problem
2. Expression vs. statement of fact
3. Many judgments on differences in expression and factual assertion
4. The legal consequences
5. Non-binding request to me

Freedom of the press is a great asset in the Federal Republic of Germany and we can all be thankful to our parents/grandparents for having won this right.

In the meantime, however, a new field of tension has also been created by the Internet, which is increasingly preoccupying German courts. It is a question of what is freedom of expression, what is legitimate press coverage and what triggers criticism of injunctive relief and possibly even of harm to market participants.

Of course, esport is not alone with the problem or has any exposed position, but this article is based on events of the last days to the detriment of one of my clients who have been accused of unproven acts.

I would therefore like to give a few points to press bodies such as websites, streamers, bloggers and the like, as well as companies, teams or players who may be affected, to assess whether published content is more legally compliant or rather problematic. Are.

Expression vs. statement of fact

First of all, a distinction must be made as to whether it is an expression of opinion or a statement of fact. It is true that the demarcations are also sometimes vague, especially when one comes into the realm of insult criticism. In principle, however, opinion may be published freely.

Opinions are, in accordance with Article 5(1) of the Basic Law, statements shaped by the element of the opinion and the opinion. An example of this would be “I don’t like Team ABC” or “I think Team XYZ played badly”. A statement of fact, on the other hand, describes circumstances that have actually happened or exist and are accessible to the evidence. Examples include “Team XYZ has ceded” or “Team ABC doesn’t pay out money on time.” There are then difficulties of demarcation between “I believe Team XYZ has clogged”, i.e. factual assertions, which are to be concealed as expressions of opinion.

The assessment of whether a statement is to be regarded as a statement of fact or as a value judgment is determined by the way in which the public swayed by form and content in the overall context in which it is placed. phrases such as ‘with a probability bordering on certainty’, ‘I mean that’, ‘as much as I know’ or ‘apparently’ do not in principle oppose a qualification as a statement of fact if the overall context of the contested text is the author’s claims that are detrimental to the call.

Many judgments on differences in expression and factual assertion

The multitude of judgments in these areas is endless, so I cannot present a judicial review in the first place. It ranges from problems on review portals to press articles with alleged informants to posts on social media networks such as Twitter. On the whole, however, I would be cautious about statements that are open to possible proof, because even if the courts often acknowledge the high good of freedom of expression. There is a real risk of being taken advantage of, which then leads to financial risks being taken out because of possible compensation. In addition, opinions about competitors or their offer may be available in accordance with Section 4 No. 1 UWG or Section 6 para. 2 No 5 UWG.

Statements of fact, on the other hand, can always be made public if they are true. The few cases in which courts have also prohibited this are now being ignored. One mistake that I keep coming across, however, is that the person who makes a statement must be able to prove the veracity of the statement in case of doubt. The impossibility of proof always comes at the expense of the person who made the statement. The person concerned can simply deny the veracity of a statement of fact and does not have to prove, as I often hear, that a circumstance does not or has not been present. The reason for this is that such claims are often based on Section 1004 para. 1 BGB, Section 823 para. 2 BGB iVm. Section 186 of the StGB and there is therefore a reversal of the burden of proof.

The legal consequences

Untrue statements of fact may, depending on the situation, result in claims of the person concerned under personal law, from Section 823 of the German Civil Code (BGB) or from the UWG. Also here the case-casuistics is very extensive and sometimes not stringent. In principle, however, I can give the following advice.

Publish only content that is either clearly an expression of opinion or on which one has valid and verifiable evidence. These should also be present and available at all times. So if it is a statement from people, you should have this in writing. In case of doubt, one can take this person into recourse in case of one’s own use. The risk is enormous. False statements can cause significant damage to affected companies, such as a sponsor jumping off a team or other damage. These could be fully asserted against the press body, the podcast operator, the streamer or the blogger. Costs for the legal support then come up.

So those affected should not be taken alone against false statements or reputational damage. The complexity is too great and therefore the evaluation is often not easy. In addition, with the help of a lawyer, one can claim not only better and more reliable damages for false statements, but also, for example, secondary claims such as a counter-notification, which are regulated in the press laws of the federal states. to think.

Non-binding request to me

Are you also affected by a possible reputational damage? Please contact me without obligation. I look at the situation and explain possible steps or risks to you.

 

Tags: Abusive criticismBlogBurden of proofCase lawDamagesEsportExpressioninternetJudgmentsLawsMarket participantsPodcastPortalSicherheitSponsorTwitter

Weitere spannende Blogposts

Anti-competitive misleading by claiming to be proprietorship of a trade mark?

Attention with Black Friday advertising!
6. September 2019

The Higher Regional Court of Frankfurt am Main has passed a highly interesting new judgment, which is already being discussed...

Read moreDetails

Berlin District Court bans baseless Twitter ban

Berlin District Court bans baseless Twitter ban
24. May 2019

In a preliminary injunction, the Landgericht Berlin has prohibited the unfounded blocking of a Twitter account on the basis of...

Read moreDetails

Hitler is a gamer? At least he is a blocking reason for Facebook!

Facebook/Instagram: Court deliveries also permitted in German!
7. November 2022

There are judgments that you hardly believe exist. The Frankenthal Regional Court has made such a decision, and all I...

Read moreDetails

OLG Frankfurt a.M.: on the liability of X (Twitter)

Berlin District Court bans baseless Twitter ban
18. June 2024

A platform operator is only liable for infringing content from users of the platform if the complaints of a data...

Read moreDetails

Esport Orga as corporation? What are the advantages and disadvantages of this?

Esport Orga as corporation? What are the advantages and disadvantages of this?
31. October 2019

Esport as a joint-stock company will come One of the most successful esports organisation from Europe, Astralis from Denmark, has...

Read moreDetails

Influencer jurisprudence: OLG Munich vs. the rest of Germany?

Frankfurt district court a.M. softens influencer jurisdiction
7. November 2022

Did Cathy Hummels advertise on her Instagram profile as an influencer? This question was addressed by the Munich Higher Regional...

Read moreDetails

BVerwG: Data protection authority can prohibit operation of a Facebook fan page

Facebook pages, data protection and August 1, 2019
21. November 2022

The operator of a fan page maintained on Facebook may be required to shut down its fan page if the...

Read moreDetails

Can a fine for a data protection breach be levied against a corporation?

Can a fine for a data protection breach be levied against a corporation?
7. November 2022

The situation Berlin and data protection are currently not the best of friends, and the Berlin Commissioner for Data Protection...

Read moreDetails

BVerwG with respect to an attachment order against DENIC

BVerwG with respect to an attachment order against DENIC
8. October 2019

For many companies, the domain is now a great intangible value. Particularly relevant domains are sold on marketplaces such as...

Read moreDetails
Dark Patterns

Dark Patterns

16. October 2024

Dark patterns are design patterns in user interfaces that aim to entice users to take actions that are not in...

Read moreDetails
Cap table

Cap table

16. October 2024
Change of control clause

Change of control clause

16. October 2024
dora

DORA

28. June 2023
Sales representative

Sales representative

1. July 2023

Podcast Folgen

Innovative Geschäftsmodelle – Risiko und Chance zugleich

Innovative Geschäftsmodelle – Risiko und Chance zugleich

10. September 2024

In dieser spannenden Folge unseres Podcasts tauchen wir tief in die Welt der innovativen Geschäftsmodelle ein. Unser Host Marian Härtel,...

Rechtliche Risiken bei langen Entwicklungszeiten und der Stornierung von Crowdfundingspielen

Rechtliche Risiken bei langen Entwicklungszeiten und der Stornierung von Crowdfundingspielen

20. April 2025

In dieser Episode erörtern wir die rechtlichen Herausforderungen, denen Spieleentwickler bei der Finanzierung durch Crowdfunding gegenüberstehen. Wir beleuchten die Verpflichtungen...

Der unkonventionelle Anwalt: Ein Nerd im Dienste des Rechts

Der unkonventionelle Anwalt: Ein Nerd im Dienste des Rechts

25. September 2024

In dieser fesselnden Episode des Podcasts "Der Unkonventionelle Anwalt" tauchen wir ein in die Welt eines Juristen, der die traditionellen...

KI im Recht: Chancen, Risiken und Regulierung – der IT Media Law Podcast Episode 3

KI im Recht: Chancen, Risiken und Regulierung – der IT Media Law Podcast Episode 3

28. August 2024

Willkommen zur dritten Episode unseres Podcasts "IT Media Law"! In dieser Folge tauchen wir ein in die faszinierende Welt der...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung