1 of the German Constitution ( Grundgesetz, GG) and that “the scope of the asserted claim for injunctive relief was too broad”. Twitter filed a motion to dismiss the interim injunction, arguing that the impugned tweets were protected under the right to freedom of expression under Art. On October 14, 2022, Blume filed a petition, against Twitter, for a preliminary injunction before the Regional Court of Frankfurt am Main, claiming a violation of his general right of personality, and demanding Twitter to cease and desist the dissemination of the above-mentioned accusations -whereas in the aforementioned tweets or in others with equivalent meaning. The account was suspended again on October 6, 2022. On October 3, 2022, the account was unsuspended, and the unremoved tweets were visible again. As a result, three tweets were removed by the company, and on September 28, 2022, the Twitter user’s account was suspended. On September 25 and September 29, Blume’s attorney sent Twitter two emails in which he requested Twitter to issue a cease-and-desist declaration with a penalty clause. In the period from September 25 to 29, 2022, Blume reported at least 46 posts through Twitter’s reporting procedure. Michael Blume -the Anti-Semitism Commissioner of the state Baden-Württemberg- of having pedophilic tendencies, committing adultery, involvement in anti-Semitic scandals, and being part of an anti-Semitic pack. The Court extended this obligation -making reference to rulings of the European Court of Justice (ECJ) and the Bundesgerichtshof- to content on the platform that is substantially the same (“ kerngleich”) or similar.įrom September 16, 2022, to September 20, 2022, a Twitter user posted tweets accusing Dr. This obligation, the Court argued, stems from the hosting service’s duty of care (“ Störerhaftung”). Referring to the jurisprudence of Germany’s Federal Court (Bundesgerichtshof, BGH), the Court held that a hosting service has the obligation to remove unlawful content as soon as it obtains knowledge of it. The Court held that these tweets were unlawful defamatory statements violating Blume’s general right of personality. Blume applied for a preliminary injunction requesting the deletion of the aforementioned content and for Twitter to desist from disseminating these messages.
Michael Blume, the Anti-Semitism Commissioner of the state Baden-Württemberg, by accusing him of being anti-Semitic, an adulterer and having pedophilic tendencies.
The Regional Court ( Landgericht) of Frankfurt am Main, Germany, issued a preliminary injunction ordering Twitter to cease and desist from disseminating statements -and monitor new posts- that violate the general right of personality of Dr.
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