Facebook user may not call Cem Özdemir a "scumbag"
Criticism of power does not justify "personal insults towards public officials or politicians" - this is what a Facebook user argued before the Koblenz Regional Court. The court convicted him for defamation against Agriculture Minister Cem Özdemir and ordered him to pay damages.
Angry critics cannot call Bundeslandwirtschaftsminister Cem Özdemir a "jerk" or similar. This is disrespectful and no longer protected by freedom of speech, as the Koblenz Regional Court ruled. It upheld the previous judgment of the competent court and also denied the Facebook user process cost aid.
The Facebook user had picked up a video that Özdemir had uploaded to the internet in April 2022 and added the comment "jerk" to it in his Facebook profile. When the minister sued, the man was ordered by the competent court to cease and desist and pay damages of 600 euros. In addition, he had to pay pre-trial costs of 800 euros. Before the Regional Court, he wanted to overturn the judgment and applied for process cost aid. He argued that his Facebook post was an unsophisticated but permissible expression of opinion.
The Koblenz Regional Court denied the application for process cost aid. The appeal had "no prospects of success." Although it concerned an expression of opinion, this was disrespectful and infringed upon Özdemir's personal rights. This outweighed the Facebook user's freedom of speech.
Power criticism does not protect from prosecution
In the judgment, the court explained that the insult "jerk" had no relation to the topic of the Özdemir video. Furthermore, the comment had a significant impact on social media.
Furthermore, the judges stated that power criticism does not allow "every personal insult towards public officials or other persons in the public sphere." Defamation or incitement is also prohibited against public officials and other persons in the public sphere, according to the decision on process cost aid. The Facebook user withdrew his appeals and recognizes the judgment of the lower court.
- Despite arguing that his Facebook comment criticizing Cem Özdemir's actions on Facebook was protected under freedom of speech, the Koblenz Regional Court ruled that it was disrespectful and infringed on Özdemir's personal rights.
- The court's decision also highlighted that hate comments towards public officials, such as the use of the word "jerk" directed at Agriculture Minister Cem Özdemir, are not exempt from internet law regulations, even if they are presented as criticisms of politics.
- Cem Özdemir, a prominent politician in Germany, faced hate comments on Facebook, prompting him to take legal action against the user who labeled him as a "jerk" in response to a video he uploaded to the social media platform.
