• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.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

Legal challenges for influencers when making critical statements about companies

24. September 2024
in Law on the Internet
Reading Time: 5 mins read
0 0
A A
0
Key Facts
  • Statements made by influencers are subject to the protection of freedom of expression, which is, however, restricted by law.
  • The main legal barriers are defamatory criticism and competition law, which must be observed when making statements about third parties.
  • Legal qualification as a press is controversial and requires a case-by-case examination.
  • Violations can lead to warnings, claims for damages and criminal investigations.
  • Preventive measures such as verification of facts and legal advice are recommended for influencers.
  • The legal assessment requires a differentiated view between freedom of expression and the interests of third parties.
  • Further development of case law is necessary to create clear boundaries for influencer statements.

In current legal practice, there is an increasing number of cases in which influencers are involved in legal disputes due to critical comments about third parties. This problem extends not only to comments about companies, but also to all statements about third parties, including private individuals, organizations and public institutions. The legal assessment of such comments requires a differentiated approach, taking into account various areas of law, in particular personality rights, competition law and media law. The relevant legal aspects and possible legal consequences of infringements are discussed below in order to provide sound legal guidance.

Content Hide
1. Constitutional and civil law framework for statements by influencers
2. Press law classification of influencer activities
3. Specific legal restrictions for statements by influencers
4. Legal consequences of violations of the law
5. Preventive legal measures
6. Conclusion and legal perspectives
6.1. Author: Marian Härtel

Constitutional and civil law framework for statements by influencers

The statements made by influencers are primarily subject to the protection of freedom of expression pursuant to Art. 5 para. 1 GG. However, this fundamental right is not guaranteed without limits, but finds its limits in the general laws, the statutory provisions for the protection of young people and in the right to personal honor (Art. 5 para. 2 GG). In the legal assessment of influencer statements, a balance must always be struck between freedom of expression on the one hand and the interests of third parties worthy of protection on the other. The distinction under civil law between factual claims and value judgments is of central importance here. Statements of fact are subject to a strict duty of truth, the violation of which can result in injunctive relief and claims for damages. Value judgments, on the other hand, enjoy greater protection as long as they do not exceed the threshold of defamatory criticism. Influencers are therefore required to make a clear distinction between facts and personal assessments in their statements and to respect the personal rights of third parties. This includes, in particular, protection against defamatory statements, slander and libel in accordance with Sections 185 et seq. of the German Criminal Code (StGB).

Press law classification of influencer activities

The legal qualification of influencers as press within the meaning of Art. 5 para. 1 sentence 2 GG is the subject of controversial legal discussions. Such a classification would have far-reaching consequences with regard to the rights and obligations of influencers. The information-providing and opinion-forming function of many influencer activities speaks in favor of qualification under press law. On the other hand, there are arguments such as the frequent lack of editorial structures and the often close integration with advertising activities. Case law currently tends to take a differentiated approach, which requires a case-by-case assessment. The decisive criteria here are the type of information conveyed, the degree of journalistic preparation and the regularity of reporting. A blanket classification of influencers as press is not possible under the current legal situation. Nevertheless, influencers can claim protection under press law in certain constellations, which must be examined on a case-by-case basis. This may be the case in particular for investigative research or the critical examination of socially relevant topics.

Specific legal restrictions for statements by influencers

When distributing content via third parties, influencers must observe various legal restrictions. The ban on defamatory criticism is a key limit. Statements that are primarily aimed at defaming a person or organization and have no factual reference are legally inadmissible. The distinction between permissible criticism and defamation requires careful legal examination, taking into account all the circumstances of the individual case. Competition law aspects must be taken into account in particular when making statements about competitors or in the context of product comparisons. The provisions of the Unfair Competition Act (UWG), which prohibit misleading business practices and the disparagement of competitors, are relevant here. The obligation to label advertising in accordance with Section 5a (4) UWG must be strictly observed in order to ensure transparency and avoid legal consequences. When using images or quotes to support statements, the copyright provisions, in particular the right to quote under Section 51 UrhG, must be observed. Observing these various legal restrictions requires influencers to have a high degree of legal sensitivity and, if necessary, to seek expert legal advice.

Legal consequences of violations of the law

Influencers face various legal consequences if they exceed the legal limits. The first step is often a warning letter with a request to submit a cease-and-desist declaration with a penalty clause in accordance with Section 1004 (1) sentence 2 BGB analogously in conjunction with § Section 823 para. 1 BGB. In urgent cases, those affected can apply for a temporary injunction in accordance with Sections 935 and 940 of the German Code of Civil Procedure (ZPO) in order to prevent unlawful statements in a timely manner. In the event of demonstrable economic damage, claims for damages pursuant to Section 823 (1) BGB may be considered, the amount of which depends on the actual damage. In certain cases, particularly in the case of factual allegations, those affected can assert a claim for publication of a counterstatement, the requirements for which are governed by the respective state press laws. In serious cases, such as defamation (Section 187 StGB) or slander (Section 186 StGB), there is a risk of criminal investigations that go beyond the consequences under civil law. The range of possible legal consequences underlines the need for careful legal scrutiny of statements about third parties before they are published.

Preventive legal measures

To minimize legal risks, it is advisable for influencers to implement preventative measures. Thorough verification of factual claims using several independent sources is essential in order to comply with the principle of truthfulness and reduce the risk of false statements. The explicit labeling of value judgments as personal opinions serves to make use of the increased protection of freedom of expression. It is advisable to refrain from personal attacks and derogatory statements in order to avoid falling into the realm of abusive criticism. Obtaining legal advice on potentially critical content is strongly recommended in order to identify and minimize legal risks at an early stage. Establishing an internal approval process for sensitive topics, which provides for multiple checks of content before publication, can offer additional legal security. Regular training in media law is recommended in order to keep legal knowledge up to date and raise awareness of potential legal pitfalls.

Conclusion and legal perspectives

The legal assessment of statements made by influencers about third parties requires a differentiated approach, taking into account freedom of expression on the one hand and the interests of third parties worthy of protection on the other. The increasing importance of influencers in the digital public sphere suggests that case law in this area will continue to develop. A conclusive legal classification of influencers as press is still pending and could be substantiated in the future by supreme court decisions or legislative initiatives. It is essential for influencers to be aware of the legal framework and to seek legal advice in case of doubt. The dynamic development in this area of law also offers opportunities to professionalize the industry by deepening media law expertise. It is to be expected that case law will provide further clarity regarding the legal boundaries for influencer statements in the coming years. Until then, influencers are advised to exercise increased care and legal sensitivity when making statements about third parties in order to avoid legal disputes and to fulfill their role as responsible players in the digital communication landscape.

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 criticismAdvertisingBeratungCase lawCompetitionDeclaration of injunctionDevelopmentEntscheidungenExpressionInfluencerLegal challengesLegal fieldMediaReviewrightRiskSicherheitTransparencyUwgWarning

Weitere spannende Blogposts

File sharing: No relief as a mother

File sharing and instruction by parents
7. November 2022

On August 20, 2019, the Munich Local Court ordered the defendant wife and mother from Starnberg to pay damages in...

Read moreDetails

Withholding tax and advertising: some more info!

Tax treatment of Upwork in Germany?
7. November 2022

The issue of withholding tax when booking advertising on the Internet, especially on Google, has been boiling up quite a...

Read moreDetails

Links to Amazon must be marked as advertising

speakers 453475 1280
7. November 2022

From the Berlin Regional Court there is a new round in the matter of labeling advertising on websites. Last year,...

Read moreDetails

BGH limits the warning mania!

Online retailer: Notice of warranty of defects
7. November 2022

I have already dealt with the topic of abusive cease-and-desist letters here on the blog a few times, and the...

Read moreDetails

Building sustainable trust with professional contracts

Building sustainable trust with professional contracts
14. March 2023

Trust is a central factor in any business relationship. With professional contracts, companies can build sustainable trust between themselves and...

Read moreDetails

Draft law to strengthen fair competition

Online shops: Attention to advertising with EIA
7. November 2022

The German government has introduced a new bill to strengthen fair competition, which could help small and medium-sized companies in...

Read moreDetails

BGH decides on Wikipedia and museum photographs

ECJ: Advocate General assesses sampling as copyright infringement
7. November 2022

And another BGH decision today, shortly before Christmas. However, it is not really a surprise ;) Thus, the latter ruled...

Read moreDetails

Linux vs. VMware: Opensource in court

copyright
29. March 2019

As a copyright holder, you are always dealing with open source licenses such as GPL in the different versions or...

Read moreDetails

Federal Constitutional Court: Right to Be Forgotten II

Federal Constitutional Court: Right to Be Forgotten I
27. November 2019

What is it all about? The decision "Right to be Forgotten II" published today, which is supplemented by the decision...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

d5e1e6cad87cb839a9e23af79034bd94

AI in the legal system: Towards a digital future of justice

16. October 2024

In this fascinating podcast episode, we take a deep dive into the world of artificial intelligence (AI) and its impact...

Read moreDetails
c9c5d7fd380061a8018074c2ca5a81bf

Startups and innovation in Germany – challenges and opportunities

26. September 2024
7c0b449a651fe0b81e5eec2e23515012 2

Copyright in the digital age

15. January 2025
legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025
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

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • 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