"When Eva Herman wishes oneself as a feminist, she should not hesitate to go home to the hearth."Green Party leader Renate Kuenast in IMAGE .
statements to the social sphere of that. being reported, only in case of serious effects on the personal rights associated with negative sanctions be, for example, if a stigma, social exclusion or pillory effect are apprehended. ...( KG, Decision of 19.06.2007, Az: 9 W 75/07 ; via Swiss firm Prof. )
The defendant operates a website on which he holds the law including the oral proceedings (in particular) reports of the Regional Court of Hamburg and the Hanseatic Higher Regional Court in press matters, it evaluates and lists. He practices public criticism of the jurisdiction of such courts.
This effort by the defendant is a public preoccupation with the activity of these courts to accept. Find the defendant takes this claim for themselves, his concern in the public interest and to influence to follow on public opinion, this may in general the public are also only a relatively small degree feedback. In any event, by the defendant on his website and held a public presentation and discussion of the judicial function in particular of the Regional Court of Hamburg and the Hanseatic Higher Regional Court in the press classified as adequate means to enforce its own opinion in the intellectual discussion of Article 5 paragraph 1 sentence 1 GG is covered. ...
Under such a debate fueled by the defendant, which also includes the appearance and behavior of each process involved in the hearings, it is therefore permissible also with the name of the effort to represent an affected lawyer to prevent a critical and satirical reporting on the process behavior of the parties with legal means.
The statements which HE to 1 belongs to the divorced wives, their husbands, "ruined" and "as a Christmas goose ausnähmen" are often classified for lack of tangible factual basis as value judgments.
The courts have taken into account when considering that anonymous media statements often lack that measure of authenticity and credibility, which can give them the desired impact (see BVerfGE 97, 391 (399, 402)).
OLG allowed the charge that the HE to 1, had used her husband in connection with a divorce to a disapproving way, the significant public interest in information in a report on the consequences of divorce face. The weighting of personal interest, the HE to 1 could be considered that sustainable options had not been opened by HE the identification of the offending post.
