Injunction against a blog operator – statement of a blogger?

The demarcation between free expressions of opinion and insulting statements is often blurred. In the present case, the Regional Court (LG) Berlin had to decide a case in preliminary injunction proceedings in which a blogger had made statements on an internet forum, claiming that another person was, among other things, an 'asocial informer'.

An internet blogger published a post in an internet forum in which he described another person as asocial, mentally ill and feeble-minded. Furthermore, the blogger claimed that this person was involved in criminal activities and referred to him as a 'Russian Nazi'.

The person attacked in this blog defended himself by sending a cease-and-desist letter to the blogger and the operator of the blog on account of infringement of his right of personality and demanded injunctive relief. However, the blogger did not retract his claims and invoked his right to freedom of expression. The blog operator also remained inactive.

Court decision
In itsBeschluss vom 21.06.2011 – Az. 27 O 335/11the Regional Court (LG) Berlin prohibited the blogger and the blog operator from disseminating or causing to disseminate the statements in dispute in preliminary injunction proceedings.

The statements contained insulting and defamatory comments and infringed the person attacked in his general right of personality. He therefore had a right to injunctive relief against both the blogger and the blog operator.

The blog operator was likewise responsible alongside the blogger for the dissemination of the statements, as he had remained inactive despite the cease-and-desist letter forwarded to him and continued to make the statements available to users on a platform. The value in dispute in this matter was set at EUR 10,000.00.

Conclusion

The blog operator is also liable for the publication of insults in his internet forum. At the latest once the operator became aware of the infringement of rights, he should have removed the claims made by the blogger from his blog.