• 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 and computer games > Legal evaluation of “swatting” in esports/streamers

Legal evaluation of “swatting” in esports/streamers

31. October 2019
in Law and computer games, Law and Esport
Reading Time: 2 mins read
0 0
A A
0
police 1073901 1280

What is swatting?

Content Hide
1. What is swatting?
2. The legal classification
3. What are the consequences?
4. Report victims of swatting!

Swatting has now become a bad habit in the US, affecting famous streamers in particular. But how is the matter to be assessed legally in Germany?

Swatting is a made-up word for a fake emergency to disrupt or even harm mostly famous streamers live streaming via a police operation.

In August of this year, for example, an armed police task force in Florida stormed the home of “Fortnite” world champion Kyle “Bugha” Giersdorf. The calls there claimed the player had just shot his father with a Kalashnikov and also locked his mother in the garage.

It was just hit by Cody “Clix” Conrad, who was the victim of swatting while playing the Fortnite Champion Series with his team and streamed it live on Twitch.

However, the phenomenon is by no means limited to the USA. In Germany, it happend to the YouTuber Drachenlord.

The legal classification

Legally, such acts are subject to criminal liability under Section 145 of the German Criminal Code (StGB) for “abuse of emergency calls and impairment of accident prevention and emergency aid means”, but also a threat within the meaning of Section 241 of the German Criminal Code (StGB) or Section 126 of the German Criminal Code (StGB) for “disruption of the public peace by the threat of criminal offences”. Finally, criminal liability for “false suspicion” under Section 162 of the German Criminal Code (StGB) is to be considered. And these are the criminal norms that are in question if they do not happen through the use. If there were to be physical injuries or deaths (as happened in the USA in 2017) as a result of the police operation and as a side consequence, then there would still be significantly serious criminal norms.

What are the consequences?

Civil claims for injunction are also conceivable. In the case of commercial streamers or influencers, claims for damages of non-irrelevant amounts would also have to be considered. This applies not only to damage caused, but also to circumstances when tournaments are lost due to the stakes, for example, and therefore sponsors may jump off. The same applies when a competing streamer makes such a call, perhaps even intended as a joke. If any recordings of the operation etc. are published here on another channel, violations of the respective personal rights must be considered. See also this article on prank videos on YouTube.

After all, the cost of the wrong use, including things like destroyed doors etc., would of course have to be paid by the caller. So here, because of a call, whole existences can be destroyed.

In principle, therefore, it must be stated that swatting is much more than just a ‘stupid prank’ and can lead to sensitive prison sentences and civil law to a sensitive claim for damages if the perpetrator is found to be perpetrators. I do not want to start from the fact that the misuse of emergency calls costs money and may lead to bottlenecks in real dangerous situations.

Report victims of swatting!

Anyone who has been a victim of pranks or even swatting can contact me. We then clarify together what is the best way to tackle the polluter.

Tags: Civil lawDamagesEsportFortniteInfluencerSponsorTwitchYouTubeYouTuber

Weitere spannende Blogposts

LG Düsseldorf: “Malle” as a trademark has legal status

International trademark application at WIPO
29. November 2019

By judgment of 29 November 2019, the 8th Chamber of Commercial Matters of the Regional Court of Düsseldorf ruled that...

Read moreDetails

Mixer and imprint as well as other questions

Mixer and imprint as well as other questions
25. October 2019

Currently, Microsoft has started a real battle of the streaming giants with its streaming platform Mixer, as the software giant...

Read moreDetails

LG Munich: Affiliate links must be sufficiently identified!

LG Munich: Affiliate links must be sufficiently identified!
29. July 2019

Important verdict Recently, the Higher Regional Court made a highly interesting ruling on the issue of labeling affiliate links (see...

Read moreDetails

The Interstate Treaty on the Media: What’s New? What is valid?

medienrecht
7. November 2022

The Interstate Treaty on the Media entered into force on November 7, 2020, replacing the Interstate Treaty on Broadcasting that...

Read moreDetails

Participation in kick-off event Esport Law: Questions?

Participation in kick-off event Esport Law: Questions?
29. April 2019

On 17.05.2019, the inaugural conference of the Research Center for Esport Law will take place at the University of Augsburg....

Read moreDetails

ESBD presents code of conduct

ESBD presents code of conduct
7. November 2022

In line with the discussion about the DOSB and esports, it should be noted that esports in Germany will certainly...

Read moreDetails

Let’s stream plays on events? What about the protection of minors?

Let’s stream plays on events? What about the protection of minors?
24. May 2019

I'm currently receiving a number of inquiries about the impact of youth protection legislation and the JusProg problem(see this article)...

Read moreDetails

Kramp-Karrenbauer wants to limit expression of opinion by influencers

7. November 2022

Actually, I try to keep the blog here relatively free of political topics, because otherwise you get bogged down with...

Read moreDetails

Streamer/YouTuber/Influencer and the Imprint Obligation

No more phone numbers necessary in the imprint!
23. August 2019

At the end of the day, there is no question that as a streamer, YouTuber or other influencer you have...

Read moreDetails
Player contract (Esport)

Player contract (Esport)

27. June 2023

Introduction In the world of Esports, where professional players compete in video game competitions, player contracts are a crucial element....

Read moreDetails
Trademark law also applies in the metaverse

Metaverse

29. March 2025
Down Round

Down Round

16. October 2024
Mediation

Mediation

16. October 2024
Limitation

Limitation

16. October 2024

Podcast Folgen

Blick in die Zukunft: Wie Technologie das Recht verändert

Blick in die Zukunft: Wie Technologie das Recht verändert

18. February 2025

In der letzten Folge der ersten Staffel des ITmedialaw.com Podcasts werfen wir einen Blick in die Zukunft des Rechts im...

Die Rolle des IT-Rechtsanwalts

Die Rolle des IT-Rechtsanwalts

5. September 2024

In dieser spannenden Podcast-Episode tauchen wir ein in die faszinierende Welt der IT-Startups und erfahren, warum ein erfahrener Rechtsanwalt für...

Legal challenges when implementing confidential computing: data protection and encryption in the cloud

Smart Contracts und Blockchain

22. December 2024

In dieser fesselnden Podcast-Episode tauch ich tief in die Welt der Blockchain-Technologie und Smart Contracts ein. Die 25-minütige Folge beleuchtet,...

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