Judgment of the Chamber Court: Share on social media remains unpunished!
Judgment of the Chamber Court: Share on social media remains unpunished!
On February 5, 2025, the Berlin Chamber Court decided in a pioneering judgment on liability for sharing content on social media (Az.: 10 U 64/24). The decision is particularly important because it redefines the limits of expression and liability for the spread of online content. According to Radio Herford clarify that the share or liking of a controversial contribution does not automatically mean that the user means the content own.
The Berlin Regional Court originally decided on this matter in the interests of the plaintiff, which led to a resistance to the decision. The chamber court emphasized that liability for the mere sharing of content could be an inadmissible restriction of freedom of expression. However, users should think carefully about which content they share, since the legal situation changes if they add evaluating statements that can be understood as support, such as thumb high-emojis or approving comments.social media and censorship
The importance of social media for private and professional exchange is steadily increasing. According to anwalt.de is the censorship on social media an increasingly explosive topic in recent years Focus is on. A case that was negotiated before the Chamber Court on February 20, 2023, which was decided that LinkedIn has to restore a contribution from the author and unlock whose profile must restore a case on February 20, 2023. The contribution had cited a study by a well -known scientist who analyzed the risk of serious vaccination damage.
LinkedIn had deleted the contribution and blocked the author's profile without warning, which led to the contest of the decision. The Chamber Court found that LinkedIn cannot show sufficient procedures for counter -representation in its general terms and conditions, which in question questions the lawful basis for the blocking of the profile. This decision has far -reaching effects that go beyond LinkedIn and also apply to other social networks.
the rule of law and user rights
In order to make future deletions and closures lawful, the network operators must take into account the guidelines set up by the Federal Court of Justice in the judgment of July 29, 2021. The decision of the Chamber Court underlines the need for network operators to make comprehensible decisions and inform users about extinguishing and blocking. LinkedIn's previous practices have been classified as illegal, and the author of the attacked contributions now offers legal support for those affected by censorship.
These legal developments throw a light on the regulatory challenges associated with social media. Social platforms are at the interface of freedom of expression and the necessary regulation, and the decisions of the courts will make a significant contribution to sharpening this balance. A comprehensive consideration of the rights of the users and the guarantee of the rule of law are central issues in the context of digital exchange, as well as a report by the Bundestag, which offers additional information under Bundesag.de .
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