Germany’s history informs its current laws. That much is undeniable. But it doesn’t excuse the over-correction applied by legislators in hopes of heading off another Hitler. And it cert…
Simply liking other people’s posts on Facebook and similar platforms can be punishable under certain conditions, according to the Meiningen Regional Court.
Whether the like is punishable depends on whether the liked post itself contained criminal content. This emerges from a decision by the Meiningen Regional Court (LG Meiningen, Decision of 08/05/2022, 6 Qs 146/22).
Background: A Facebook user from Thuringia had liked another user’s post. The case concerns the murder of police officers in the Kusel district on January 31, 2022. The author wrote as a title “Not a single second of silence for these creatures.”
The Meiningen public prosecutor’s office then obtained a search warrant for the apartment, car, and person who had liked the post. By liking the post, the Facebook user had committed both the defamation of the memory of the deceased under § 189 of the Criminal Code and the rewarding and approval of criminal acts under § 140 of the Criminal Code, according to the application.
The police hoped to find evidence such as smartphones or PCs to analyze the storage media. They were also allowed to search the suspect’s cloud storage.
After the raid, the accused hired Berlin criminal and media lawyer Ehssan Khazaeli. Khazaeli filed a complaint against the search warrant. He sharply criticized the decision: “By liking a post, it remains clear that it is someone else’s post – there can be no talk of ‘making it one’s own,’” he stated yesterday. One cannot attach one’s own intellectual statement to a mere like.
He also argued that his client had not approved of any crime. While it was tasteless to comment on the murdered police officer’s funeral in such a way, Khazaeli does not consider his client’s action criminally relevant.
A constitutional complaint is to be filed against both decisions next month. “This isn’t about the individual case, but about the fundamental question of whether merely liking on social media can be punishable,” said attorney Ehssan Khazaeli. This approach is not an isolated case. We had previously reported about a search warrant issued because of a like on Twitter.
However, the Meiningen District Court’s view was supported by the Meiningen Regional Court. The original user’s post was considered a defamation of the memory of the deceased under § 189 of the Criminal Code, according to the judgment. The judges view the like as an expression of approval of the author’s statements on Facebook. By doing so, the searched person publicly showed that they shared the opinion of the person who defamed the funeral of the killed police officers.
The media would also evaluate particularly public-facing posts based on how many likes they receive. The more attention a posting receives, the greater the likelihood that it will also be covered in the media.
@macniel@feddit.org What’s your feeling on this one? You said “Who do you suppose are the people suffering a 6:00am door-knock?” and then got extremely indirect about answering the question, but it sounds like what you were implying is that they deserve it and the law is doing its job. Do you think this person deserves to be charged for this as well?
Do you think this person deserves to be charged for this as well?
I mean, if a “like” on facebook is interpreted as it is “liking someones post and or comment” and that post or comment dehumanized a dead police officer (or the entire force), then yes, I think its more than justified.
You and I have very different opinions of what is the right way to deal with online speech.
I actually agree with poVoq elsewhere in this thread that in terms of moderation, most of this stuff is probably stuff that whoever oversees the channel should be removing. In absolutely no reality should that mean the real-world police need to get involved. There are literally thousands of people on Lemmy who would be getting visits from the American police, concerning a certain Mario brother, if that were the rule here. I would prefer not to open that door (not least of which because it is completely guaranteed that once it starts, it will instantly be applied to anyone who for example calls a politician a penis. You keep sort of swerving around that example as if it “doesn’t count” or something, when measuring the impact of this law when applied in practice.)
Pretty fascinating. English translation:
Just Liking Can Be Punishable
08/22/2022 by Lars Sobiraj Reading time: 3 min.
Simply liking other people’s posts on Facebook and similar platforms can be punishable under certain conditions, according to the Meiningen Regional Court.
Whether the like is punishable depends on whether the liked post itself contained criminal content. This emerges from a decision by the Meiningen Regional Court (LG Meiningen, Decision of 08/05/2022, 6 Qs 146/22).
Background: A Facebook user from Thuringia had liked another user’s post. The case concerns the murder of police officers in the Kusel district on January 31, 2022. The author wrote as a title “Not a single second of silence for these creatures.”
The Meiningen public prosecutor’s office then obtained a search warrant for the apartment, car, and person who had liked the post. By liking the post, the Facebook user had committed both the defamation of the memory of the deceased under § 189 of the Criminal Code and the rewarding and approval of criminal acts under § 140 of the Criminal Code, according to the application.
The police hoped to find evidence such as smartphones or PCs to analyze the storage media. They were also allowed to search the suspect’s cloud storage.
After the raid, the accused hired Berlin criminal and media lawyer Ehssan Khazaeli. Khazaeli filed a complaint against the search warrant. He sharply criticized the decision: “By liking a post, it remains clear that it is someone else’s post – there can be no talk of ‘making it one’s own,’” he stated yesterday. One cannot attach one’s own intellectual statement to a mere like.
He also argued that his client had not approved of any crime. While it was tasteless to comment on the murdered police officer’s funeral in such a way, Khazaeli does not consider his client’s action criminally relevant.
A constitutional complaint is to be filed against both decisions next month. “This isn’t about the individual case, but about the fundamental question of whether merely liking on social media can be punishable,” said attorney Ehssan Khazaeli. This approach is not an isolated case. We had previously reported about a search warrant issued because of a like on Twitter.
However, the Meiningen District Court’s view was supported by the Meiningen Regional Court. The original user’s post was considered a defamation of the memory of the deceased under § 189 of the Criminal Code, according to the judgment. The judges view the like as an expression of approval of the author’s statements on Facebook. By doing so, the searched person publicly showed that they shared the opinion of the person who defamed the funeral of the killed police officers.
The media would also evaluate particularly public-facing posts based on how many likes they receive. The more attention a posting receives, the greater the likelihood that it will also be covered in the media.
@macniel@feddit.org What’s your feeling on this one? You said “Who do you suppose are the people suffering a 6:00am door-knock?” and then got extremely indirect about answering the question, but it sounds like what you were implying is that they deserve it and the law is doing its job. Do you think this person deserves to be charged for this as well?
I mean, if a “like” on facebook is interpreted as it is “liking someones post and or comment” and that post or comment dehumanized a dead police officer (or the entire force), then yes, I think its more than justified.
You and I have very different opinions of what is the right way to deal with online speech.
I actually agree with poVoq elsewhere in this thread that in terms of moderation, most of this stuff is probably stuff that whoever oversees the channel should be removing. In absolutely no reality should that mean the real-world police need to get involved. There are literally thousands of people on Lemmy who would be getting visits from the American police, concerning a certain Mario brother, if that were the rule here. I would prefer not to open that door (not least of which because it is completely guaranteed that once it starts, it will instantly be applied to anyone who for example calls a politician a penis. You keep sort of swerving around that example as if it “doesn’t count” or something, when measuring the impact of this law when applied in practice.)
And that’s totally fine, especially since we apparently don’t live in the same country and as such different Laws apply to us.