DR. SARAFI lawyers obtain a preliminary injunction against a streamer due to significant insults
From our press archive. This communication gives the status of the original publication of 14 May 2025 again. Subsequent developments in the process are not automatically taken into account.
Hamburg, May 14, 2025 — In May 2025, the affected streamer responded to a YouTube video as part of a live stream, which, among other things, commented on our client's behavior. Instead of discussing the content, however, a series of gross personal attacks followed in significant form.
The statements were made in front of a public audience during the live stream, were clearly documented in time and made explicit reference to our client, who was identified by name and pictorially in the video.
Extrajudicial warning and initiation of administrative proceedings
Our client became aware of the publication on May 22, 2025 and had the streamer warned out of court. Since he neither made a declaration of injunctive relief nor showed any insight, our law firm initiated preliminary injunctive proceedings before the Regional Court of Hamburg, with success.
Decision of the Regional Court of Hamburg: formal insult without protection of freedom of opinion
The Hamburg Regional Court has fully confirmed our client's claim for injunctive relief. According to the court, all expressions used are so-called formal insults, i.e. statements whose sole purpose is to disparage a person. They are subject to faecal language and no longer develop a factual content.
According to established case law, formal insults do not require a balance between freedom of opinion and personal rights. Freedom of expression under Article 5 (1) GG is completely withdrawn in these cases, as the attack does not contribute to forming public opinion, but serves only as a form of defamation.
The court therefore considered the requirements of an injunctive relief under Sections 1004 Paragraph 1 S. 2 analogously, 823 Paragraph 1, Paragraph 2 BGB in conjunction with Art. 2 Paragraph 1, 1 Paragraph 1 GG to be met.
conclusion
The Regional Court of Hamburg has made it clear that serious insults on the Internet have consequences under civil law. Our client didn't have to be described as a “son of a whore”, “jerk off” or “cocksucker” in a big live stream. With the successful interim injunction, an important step was taken to effectively enforce personal rights in the digital space as well.
We regularly advise clients who are affected by defamatory statements, whether on Twitch, YouTube, Instagram, TikTok or in traditional media. Anyone who wants to defend themselves against targeted defamation can do so in a legally sound manner, quickly, decisively and with court support.
For inquiries:
DR. SARAFI Rechtsanwälte
info@sarafi.de