Facebook insult: OLG Stuttgart rules in favor of Chebli lawsuit
The Stuttgart Higher Regional Court (OLG) has ruled in favor of a lawsuit filed by Berlin SPD politician Sawsan Chebli due to an insult on Facebook. The 4th Civil Senate ordered the author of the posting to cease and desist and amended the decision of the lower court in this respect, the Higher Regional Court of Stuttgart announced on Wednesday. In March, the regional court in Heilbronn had dismissed the Berlin politician's lawsuit.
Chebli had been insulted in a Facebook entry from 2020 with the words "Rarely seen such a stupid piece of brain vacuum in politics as Sawsan Chebli". The former State Secretary in the Berlin Senate had filed a lawsuit against this and demanded compensation. The Heilbronn judges dismissed the claim and justified their decision by stating that the statement was "still covered by freedom of expression".
The judges at the Higher Regional Court in Stuttgart took a different view. The statement was defamatory criticism for which the defendant was liable and which the plaintiff did not have to accept. However, the court stated that the claim for monetary compensation was unsuccessful.
The ruling by the OLG Stuttgart highlights the importance of regulating online processes, as it showcases how digital platforms can be used for spreading defamatory content, such as the insult directed at Sawsan Chebli on Facebook. The court's decision underscores the fact that cybercrime, in this instance, defamation, should be taken seriously, as it can lead to judgments that impact individuals' reputations.
Source: www.dpa.com