Court agrees with Künast because of hate comments – politics

In the years-long fight against abuse on Facebook, the Green politician has achieved a decisive success. The social network has to give her the data of ten other users who had massively insulted her online.

With the decision of the Berlin Court of Appeal, Künast was still right on all points. The member of the Bundestag had been arguing for around three years that Facebook gives her the data of several users so that she can take action against them. Künast was relieved: “It took an extremely long time, especially in view of the pace of the digital world, but now the hard-fought decision of the Court of Appeal is a victory after all.” Künast was supported by the non-profit organization HateAid.

“I have to take a deep breath now to be happy after the long fight,” she said. The process was also emotionally difficult. Unknowns had described Künast as a “piece of shit” and “old green bastard” and wrote even more drastic and sexist posts. The case had caused a stir because the Berlin district court had initially decided that Künast, as a politician, had to accept all 22 insults – she had provoked resistance.

The court later corrected itself. However, it initially remained the case that Künast did not receive the data from all users. After the Berlin Court of Appeal classified only 12 of 22 comments as criminal insults and denied the right to information in the other cases, she went to Karlsruhe before the Federal Constitutional Court – with success.

Last February, the supreme court overturned the decisions of the Berlin civil courts (Az. 1 BvR 1073/20). These violated the plaintiff’s personal rights. The ten statements would have to be checked again in Berlin – taking into account the specifications from Karlsruhe. That has happened in the meantime – and Künast has now achieved success in all points.

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