• Mehr als 3 Millionen Wörter Inhalt
  • |
  • in**@********aw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • 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
Rechtsanwalt Marian Härtel - ITMediaLaw

Facebook: New rulings on deletion claims

7. November 2022
in Other
Reading Time: 3 mins read
0 0
A A
0
judge gavel 1461291738x4g

Recently, there have been some decisions on deletion claims against Facebook, which I would like to present here.

  1. Amount in dispute:

For example, the Frankfurt am Main Regional Court ruled that the amount in dispute in a claim for deletion against Facebook would be 3,000 euros.

“This restriction on his freedom of communication, however, is limited to the platform at A. He can continue to communicate in other ways – through letters to the editor, e-mails, other platforms, telephone calls, etc., so he is only prevented from communicating with others in a certain way, based on the decision of his own chosen contractor.

Therefore, it does not matter how many other users are active at A. The deletion of a post and the blocking of the user for 30 days cannot be compared to the sending of unsolicited e-mails, to which the applicant refers, either, especially since it is based on an automated process.

The fact that case law assumes an amount in dispute of at least €3,000 for the sending of unsolicited e-mails, to which the applicant refers, emphasizing the small amount of time required to read such an e-mail in contrast to the permanence of the deletion or 30-day duration of the block, also does not justify a higher amount in dispute in the opinion of the Senate, since this involves an encroachment on the right of personality by third parties, but in the present case it involves the conduct of the applicant’s contractual partner.”

However, this amount in dispute ranks rather in the lower range of what other courts have set so far.

 

2. burden of proof

The Cologne Higher Regional Court, on the other hand, ruled that the burden of proof lies with the party taking action against Facebook for account blocking or the deletion of a post. The account holder must prove that the content is lawful and that the blocking or deletion violates the account holder’s rights.

Even though the content was, how could I be otherwise, about national-socialist content, this decision is quite exciting, because while the court accuses the plaintiff of not having proven that the comment was meant to be satirical, Facebook also does not seem to have proven that the content was illegal.

In these and similar decisions, the Network Enforcement Act arguably casts its shadow, leaving lawyers and civil libertarians scratching their heads at least a little.

 

3. NetzDG

And this is exactly what can be seen in the current decision of the Stuttgart Higher Regional Court. Because Facebook blocked a posting with the content “As Nostradamus said: Over`s sea they will come like the locusts, but they will not be animals…How right was the man”.

The author tries to defend himself against the blocking, but fails. The court reasoned its decision as follows:

“It is an expression of opinion at least hard on the border of inadmissible defamatory criticism. Defamatory criticism does not enjoy the protection of Art. 5 para. 1 P. 1 GG. It presupposes that beyond polemical and exaggerated criticism, the focus is no longer on the substance of the dispute, but solely on defamation of the person. However, if the comments are made in a public dispute, they only constitute defamatory criticism in exceptional cases (…).

Moreover, it is a statement that in any case gives rise to an examination of Section 130 of the Criminal Code (cf. on the conviction of a professional soldier for incitement of the people by A.-.comments with designation of criminal refugees, among other things, as “vermin” OLG Hamm, decision of 26.09.2017 – 4 Rvs 103/17; on criminal liability for incitement of the people in the case of ambiguous A. statements about three refugee children who are alleged to have stolen cherries from a garden, cf. OLG Karlsruhe, decision of 26.07.2018 – 2 Rv 4 Ss 192/18, juris Rn). This means that the respondent is at least at risk of a claim under Section 4 of the NetzDG.”

4. deletion of automated places on Facebook

The latest ruling is not about the current refugee debate, but concerns an owner of a barbershop. In its favor, the 6th Civil Chamber of the Regional Court of Hanover ruled that Facebook was prohibited from automatically creating a “location” and even adding photos of the store, the phone number of the hairdresser and other data. The owner himself was and is not logged into Facebook and therefore could not even delete the content himself.

After Facebook ignored the decision of the Regional Court of Hanover and the page went back online, albeit probably automated again, the court now imposes an administrative fine of a handsome 50,000 euros, which in my experience is clearly at the upper limit of what courts usually impose as first administrative fines.

Marian Härtel
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.

Tags: Abusive criticismBurden of proofCase lawChatE‑mailEntscheidungenFacebookFrankfurtFrankfurt am Main District CourtJudgmentsKarlsruheKIMailNetwork Enforcement Act

Weitere spannende Blogposts

AI bot update: Pinecone and content awareness integration.

Key Considerations When Offering an AI-Based Chatbot
24. July 2023

AI and technology is constantly evolving and with that in mind, I've also added a few new features to my...

Read moreDetails

Karlsruhe Higher Regional Court: Publication of image sequences from the RTL program “Pocher – gefährlich ehrlich” prohibited

Karlsruhe Higher Regional Court: Publication of image sequences from the RTL program “Pocher – gefährlich ehrlich” prohibited
1. December 2023

The civil dispute between the plaintiff (Boris Becker) and the defendant (Oliver Pocher) arose from an approximately 15-minute segment broadcast...

Read moreDetails

YouTube: What to do about copyright extortion?

YouTube: What to do about copyright extortion?
7. November 2022

A new scam among criminals is probably becoming popular and is based on YouTube's automatic Content ID functions or the...

Read moreDetails

What are NFT? A small overview

What are NFT? A small overview
7. November 2022

What exactly NFTs (or digital assets) are is still a matter of considerable dispute among legal experts. And it sometimes...

Read moreDetails

Frankfurt Regional Court: Form selection with Mr./Mrs. is discriminatory

Frankfurt Regional Court: Form selection with Mr./Mrs. is discriminatory
7. November 2022

A person who feels that he or she belongs to neither the female nor the male gender, but has to...

Read moreDetails

Attention: Affiliates on YouTube, gaming websites and other networks

Attention: Affiliates on YouTube, gaming websites and other networks
17. July 2019

All affiliates affected After my article yesterday on the judgment of the OLG Dresden(see here) that a website must also...

Read moreDetails

Epic Games collects severe fine from the FTC in the USA

Epic Games collects severe fine from the FTC in the USA
21. December 2022

Epic Games has accepted a settlement with the FTC that should interest many metaverse and games vendors. It is true...

Read moreDetails

File sharing and the rights holder’s burden of proof

File sharing and instruction by parents
7. September 2019

The District Court of Frankfurt am Main has issued a new, interesting verdict on the subject of file sharing. In...

Read moreDetails

BGH submits definition of “immaterial damage” under GDPR to ECJ

BGH submits definition of “immaterial damage” under GDPR to ECJ
10. November 2023

The VI. Civil Senate of the Federal Court of Justice referred questions to the Court of Justice of the European...

Read moreDetails
ENISA (European Cybersecurity Agency)

ENISA (European Cybersecurity Agency)

16. October 2024

ENISA (European Union Agency for Cybersecurity) is the European Union's agency for cybersecurity. It was founded in 2004 and is...

Read moreDetails
Youth Protection Act

Youth Protection Act

1. July 2023
Reverse vesting

Reverse vesting

16. October 2024
Critical infrastructures (KRITIS)

Critical infrastructures (KRITIS)

16. October 2024
Flat-rate remuneration

Flat-rate remuneration

16. October 2024

Podcast Folgen

7c0b449a651fe0b81e5eec2e23515012 2

Copyright in the digital age

15. January 2025

This insightful 20-minute podcast episode by and with me explores the complex topic of copyright in the digital age. The...

3c671c5134443338a4e0c30412ac3270

“Digital law decoded” with lawyer Marian Härtel

26. September 2024

In this exciting 30-minute podcast, lawyer Marian Härtel decodes the complex world of digital law for the self-employed, start-ups and...

Legal challenges in the gaming universe: A guide for developers, esports professionals and gamers

What will 2025 bring for start-ups in legal terms? Opportunities? Risks?

24. January 2025

In this exciting episode of the itmedialaw podcast, we take a deep dive into the legal developments that will shape...

238a909c26a0302cbd4792cbd18e4922

Global challenges for start-ups – A legal guide

10. October 2024

This informative podcast offers a comprehensive insight into the legal challenges faced by start-ups when expanding internationally. The experienced lawyer...

  • 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