Environmental Aid Pursues Legal Action to Close Facebook Groups Hosting threats
The German Environmental Aid (DUH) is continuing its legal battle to shut down two Facebook groups filled with antagonistic content, including threats of violence, directed at its Federal Managing Director, Jürgen Resch. The case was heard before the Berlin Court of appeal, with Resch stating he is prepared to take the matter to the Federal Court of Justice (BGH) if necessary.
The lawsuit, a model case brought by Resch against Meta, targets a public group with approximately 50,000 members and a private group with over 10,000 members. Thes groups have been a source of “massive hostility and insults,” escalating to calls for violence and murder, according to DUH.
The initial case at the Berlin regional court was unsuccessful.The court ruled that closing the groups would disproportionately restrict the freedom of expression of members who had not engaged in abusive behavior.Resch subsequently appealed this decision.
during the hearing, Resch acknowledged the necessity of enduring criticism, but emphasized the severity of the attacks he has faced: “It has been about ‘threats of murder, violence and torture’ for years.” His lawyer, Juliane Schütt, argued that Meta has a responsibility to proactively remove this type of content, stating they must be obliged to do so, “at least in principle.”
Meta maintains it removes reported illegal content promptly. Lawyer Tobias Timmann stated, “The moment the posts are reported, we take them down.” A Meta spokesperson added that hate speech is unacceptable and the company is actively working to combat its spread on its platforms. They also stated that reported illegal content in this specific case had been removed.
Presiding judge Oliver Elzer acknowledged the “profound violations of personal rights” experienced by Resch, who has been subjected to years of insults. However, the court expressed reservations about the proportionality of closing the groups and weather such action is currently permissible under the law.
At Resch’s request, the court will now also consider whether Meta can be legally compelled to swiftly delete existing and future posts containing criminal content. Meta will have the prospect to respond to this inquiry in writing.
A verdict is expected on December 18th. Resch has requested the right to appeal to the Federal Court of Justice should the court rule against him.
© dpa-infocom,dpa:251015-930-163358/2
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