DR. SARAFI obtains preliminary injunction at the Higher Regional Court of Hamburg for journalists and YouTubers

Hamburg, March 26, 2024 — Hamburg Higher Regional Court approves Dr. SARAFI. Following rejection by the Hamburg Regional Court, the tide is turning in the second instance: Higher Regional Court of Hamburg prohibits influencer making false claims about a location leak.

facts

During a live stream in the late evening, one of our clients reported that a well-known influencer had had lunch in a Berlin restaurant and spoke disparagingly about him there — at a time when the said influencer had already left town for hours.

Escalation by a second influencer

The situation worsened when, in January 2024, another well-known influencer described our client as “difficult” in a separate live stream in front of an audience of 1,000 to 2,000 viewers. When asked by a viewer why she thought our client was difficult, she accused our client of “leaking” the location of the first influencer without mentioning the context that she was no longer present at the time.

Legal assessment

We considered this allegation inadmissible in terms of expression, as it gave the audience the misleading impression that our client had revealed the location while the influencer was still present at that location. We then sent an extrajudicial warning to the said influencer and asked her to submit a declaration of injunctive relief. The matter escalated when their legal representative rejected our claims.

Proceedings before the Hamburg Regional Court

As a result, we applied to the Hamburg Regional Court for a preliminary injunction, which was initially rejected. We went to the next instance and the tide turned in our favor when the Higher Regional Court of Hamburg approved our application by order of March 21, 2024.

Success ahead of Hamburg Higher Regional Court

The influencer in question has now been banned by the court from alleging that our client “leaked” the other influencer's “location.”

Meaning of the decision

This decision by the Higher Regional Court of Hamburg shows several important aspects:

• Context is key: The omission of essential contextual information can turn a true statement of fact into a misleading and therefore inadmissible statement.
• Range plays a role: When speaking in front of a large audience (here 1,000-2,000 viewers), the requirements for care and truth are particularly high.
• It's worth taking the instance: Even though the district court rejected the application, the Higher Regional Court of Hamburg proved us right — persistence pays off.
• Protecting journalists and YouTubers: Content creators are entitled to protection against misleading representations of their actions.

Practical relevance for influencers and streamers

The case underlines that influencers must also be careful when making statements about other people. The mere presentation of facts is not enough if omitting contextual information creates a false overall impression.

Care should be taken, particularly in the live streaming sector, where spontaneous statements are made in front of a large audience. What may be true in a particular context can be misleading and therefore unlawful if presented incompletely.

conclusion

Dr. SARAFI Rechtsanwälte was able to achieve an important success for our client through persistence and well-founded legal arguments. The decision of the Higher Regional Court of Hamburg confirms that the principles of the law on defamation and freedom of expression apply and can be enforced even in the fast-moving area of live streaming.

The case also shows that a rejection in the first instance does not have to be the end. By going to the second instance, we were able to completely reverse the result and achieve a positive result for our client.