Status: 02/02/2022 11:56 a.m
Green politician Künast is repeatedly insulted online, now she has achieved an important success before the Federal Constitutional Court. Even politicians don’t have to endure everything, according to the court. Facebook needs to respond.
The comments that were published about the Greens member of the Bundestag Renate Künast on Facebook in 2019 were violent. She was called a “piece of shit”, a “slut”, “dirty cunt” or “dirty pig”. Nevertheless, the judiciary found it difficult to stand by her.
The Berlin Regional Court initially found that these were all permissible expressions of opinion, Künast had provoked these comments because of a misleading statement in 1986 about sex with children. Künast lodged a complaint. As a result, the district court obliged Facebook to provide information in six out of 22 comments about who was behind it, so that the politician could take action against these people.
In the next instance, at the Berlin Court of Appeal, she got a little more justice: she was allowed to take action against Facebook for a total of twelve statements. But the Court of Appeal did not find that they should get the data from all users. Statements such as “sick woman” or “brain amputated” are improper, exaggerated, disrespectful and lacking in distance. But as a politician, you have to endure it. That’s why Facebook is not obliged to release the data for ten of a total of 22 postings.
Criticism of the lower courts
All of this has now been overturned by the Federal Constitutional Court. The lower courts had not weighed up properly. Although they found that the comments were consistently slanderous disparagements, they said: All of this was still related to the discussion about pedophilia at the time and could therefore not be prosecuted.
The judiciary should not proceed in this way, the constitutional court is now criticizing. Even with a reference to a public debate, not everything is allowed. It expressly points out that politicians do not have to endure everything. One cannot be expected to get involved with the state and society if they are not adequately protected. Since the lower courts did not stand before Künast, her personal rights had been violated.
Fight for personal rights on the internet
With this decision, Facebook will now have to release all user data. A success for Künast, which is now fighting in several places with legal means for the protection of privacy on the Internet.
In a first reaction on Twitter, she writes that this is a good day for democracy. The Constitutional Court protects the personal rights of those who volunteer. This would make legal history in the digital age. Because this judgment will have an impact on social media and also on future European law.
Az. 1 BvR 1073/20