Facebook may as “Hassrede” Delete classified comment and block users
The applicant is users of the Inter platform facebook. He commented in the past two to three years in at least a hundred cases, among other posts from politicians and the media with the sentence: "Refugees: interned for as long, until they voluntarily leave the country!“. until 28. More 2018 this sentence remained on facebook unopposed. On the night of 29. More 2018 deleted facebook this post, because it was contrary to their community standards, especially against their standards of "hate speech". In addition, Facebook blocked the applicant for thirty days from all activities.
The claimant in the way of interlocutory, to prohibit facebook, To delete the quoted comment or to block him because of this commentary on facebook. He claims, it was stated that his comments to an invitation to the German policy, which was covered by the fundamental right to freedom of expression.
The Regional Court of Karlsruhe By order of 30.05.2018 dismissed the application for the interim injunction. Directed against this decision appeal by the applicant was from 15. rejected Civil Division of the court Karlsruhe. The classification of the applicant's commentary as "hate speech" in the sense of community standards of facebook is not objectionable, because the comment prompts, exclude refugees and isolate, which according to Section. 12 Community standards is inadmissible. The commentary goes beyond mere criticism and discussion of immigration laws. From the fundamental right to freedom of expression, Art 5 GG, there is nothing. Fundamental rights are defensive rights of citizens against state intervention and develop between individuals, So here between the user and facebook, only an indirect effect. The terms and conditions applied in this case and community standards of facebook account of these indirect effects of the fundamental right to freedom of expression in an appropriate manner.
The decision can not be appealed.
Higher Regional Court of Karlsruhe, Decision of 25.06.2018 The. 15 The 86/18