DR. SARAFI Rechtsanwaltsgesellschaft mbHFrankfurt am Main · Throughout Germany
Defamation & freedom of expression

DR. SARAFI lawyers obtain preliminary injunction against Shurjoka

DR. SARAFI Rechtsanwaltsgesellschaft mbH3 mins Reading time

From our press archive. This communication gives the status of the original publication of 20 November 2024 again. Subsequent developments in the process are not automatically taken into account.

Hamburg, November 20, 2024 — The Hamburg Regional Court confirmed the preliminary injunction we had already obtained on August 2, 2024 against the controversial content creator Shurjoka at the hearing on November 15, 2024.

facts

Streamer Shurjoka is repeatedly involved in public controversy, particularly in conflicts with public figures from the YouTube and Twitch sectors. With unobjective and sometimes defamatory and fabricated allegations against public figures, often with significantly wider reach, it provokes reactions and attracts media attention. This not only helps to increase its own reach, but also gives it economic benefits. When reactions come back, they portray themselves as victims of anti-feminist hate campaigns. Platforms such as Die Zeit, RND and ZDF Magazin Royale and comedian Böhmermann supported this narrative in the past without critically questioning it. Well-known feminist figures, for example, have also voiced strong criticism of Shurjoka. In addition, she was repeatedly prohibited by the court from disseminating various false and defamatory factual allegations about other persons. This shows that she tended to publicly voice unverified and baseless allegations that had significant negative consequences for those affected.

The serious incident

A particularly serious incident occurred in the summer of 2024, when Shurjoka publicly accused our client, a journalist, of consuming child pornography after he had previously voiced criticism of it.

These allegations were completely baseless. The unfounded and defamatory allegations were aimed solely at isolating our client socially and causing lasting damage.

Quick legal response

Following an unsuccessful warning, we filed an application for a preliminary injunction against Shurjoka, which was granted on August 2, 2024. As a result of the preliminary injunction, Shurjoka had to delete at least one Twitter or X post and has since refrained from repeating her statements.

False claims made by Shurjoka

Shurjoka then publicly claimed that she had not been heard because we had provided the court with a false email address from her and that the court had prohibited her from talking about her childhood trauma—another misstatement.

In fact, we did not provide the district court with an e-mail address from Shurjoka, but — as required by the Code of Civil Procedure (ZPO) — her summoned home address. This false allegation on the part of Shurjoka serves to give the impression that the restraining order against her was obtained by us through an unfair trick. The court apparently obtained the email address either from our warning letter or from their public Twitter profile. It should also be emphasized that the court did not, of course, forbid Shurjoka from talking about her childhood trauma, but prohibited her from making false factual allegations that our client had viewed child pornography.

Appeal proceedings and confirmation by the court

Shurjoka appealed against the preliminary injunction, arguing, among other things, that it had not been sufficiently heard. Shurjoka also tried to convince the court that she was justified in alleging that our client had viewed child pornography. However, during the hearing on November 15, 2024, the Hamburg Regional Court made it unequivocally clear that it did not follow their argument. It also emphasized that Shurjoka also had a comprehensive opportunity to express her point of view during the appeal proceedings: Her lawyers, against whom we have already successfully taken action for KuchenTV because they published inadmissible statements on their website, submitted detailed and detailed written comments and tried — both in writing and at the hearing — to convince the court that Shurjoka was entitled to make her baseless statements. However, they were unsuccessful.

With a ruling of November 15, 2024, the Hamburg Regional Court confirmed the preliminary injunction in full. All procedural costs were charged to her.

conclusion

This case underlines the importance of effective legal protection in the event of serious violations of personal rights and illustrates how decisive rapid and decisive action can be in such situations in order to obtain a preliminary injunction.

DR. SARAFI lawyers have successfully defended their client's interests and thus made a significant contribution to maintaining his reputation.

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