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Last year, the Berlin Regional Court caused a stir when it ruled that a large number of “expletives” used against Green Party politician Renate Künast were not offensive. See this article.
Now the highly controversial 27th Chamber of the Berlin Regional Court reversed itself in 6 out of 22 cases.
With the new decision, the comments “piece of shit”, “bitch”, “dirty cunt, “hollow nut that belongs disposed of and as scndermüll”, “slob” and “Ferck du Drecksau” are classified as offensive.
The personal data of Facebook users who published this content must now be surrendered by the Internet company.
Fortunately, these proceedings are now being submitted to the Kammergericht in Berlin. The legal opinion of this chamber is still anything but logical. Thus, it would fall under the freedom of speech to call Renate Künast a “pedophile trulla”, “Pfui you old green dirty pig …”, “brain amputee” and “you old perverted dirty sow!!!!!”.
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.
