The Watson platform interviewed Dr. Jascha Schneider-Marfels, media expert within our law firm alongside Tobias Treyer, about the ‘Like decision’:
It is clear to him that freedom of expression must not be curtailed. The right to freedom of expression should also be given greater emphasis by the courts. ‘Our society is far too squeamish. People who are in the public eye often like to reprimand others, but instinctively react to criticism by taking legal action.
But: If a statement in social media is clearly defamatory or violates the anti-racism provision of criminal law, anyone who identifies as a sympathizer must reckon with criminal prosecution or civil action. It is crucial that in individual cases the judge examines whether such conduct is punishable or not. The motives of the defendant and the overall circumstances must also be considered.