DR. SARAFI lawyers enforce claims from client Mert against streamer Veni
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.
Frankfurt/Main, November 20, 2024 — Quick success for YouTuber and streamer Mert: Dr. SARAFI lawyers obtain a declaration of injunctive relief and monetary compensation following serious insult by Austrian streamer Veni.
Our client
Our client, known as Mert or Mert Abi, is a successful German YouTuber, live streamer and former rapper. He began his career with gaming content, in particular in the FIFA Kingz format, in which he competed against prominent rappers such as Alpa Gun, Massiv or Ufo361. He can also look back on successful collaborations, including with the well-known rapper Samra. He later released his album Kunde ist König in 2017, which reached number 2 in the German album charts. Mert has been active as a live streamer since 2024 and, with his celebrity presence, has earned an important position in the media industry. This realignment earned him a nomination for the 2024 Streaming Award in the “Best Newcomer” category.
The Incident
On November 9, 2024, Austrian YouTuber and Streamer “Veni” spoke about the nominees for the 2024 Streaming Awards in a live stream. In doing so, he recognized our client among the nominees and directed a serious insult against him without cause. This disrespectful statement was broadcast live to a large number of viewers. With around 450,000 followers on Twitch and streams, which regularly receive several thousand clicks, the statement achieved considerable reach. His statement complies with the offence of both German (Section 185 StGB) and Austrian law (Section 115 StGB).
Legal assessment
The insult, which we do not want to repeat here, represents a serious violation of our client's general personal rights. Regardless of the context, it is classified as a formal insult and is not protected by freedom of expression in accordance with Article 5 (1) GG. Based on this statement, our client is therefore entitled to an injunctive relief under Sections 1004 Paragraph 1 by analogy, 823 Paragraph 2 BGB in conjunction with Art. 1 Paragraph 1 GG, Section 185 StGB.
Quick legal intervention
Following a successful warning, which we issued on the day we became aware of the insult and in which we pointed out that Veni can also be sued before German courts despite his residence in Austria, Veni, through his lawyers, has committed himself in a declaration of injunctive relief not to repeat such statements and to remove the existing statements in a video. Veni is also committed to taking proactive action against the spread of the insult — which is being briskly shared on social networks. In addition, we were able to enforce a monetary compensation claim for our client in accordance with Art. 1 para. 1 and Art. 2 para. 1 GG in conjunction with § 823 para. 1 BGB.
conclusion
This case shows that there are also clear limits to the expression of opinion in the digital space. Violations of personal rights and insults cannot be justified either by anonymity or by the dynamism of social platforms. Thanks to our rapid legal action, we were able to successfully enforce our client's rights and send a clear signal against such attacks.
The case also underlines that German courts may also have jurisdiction over matters with an international connection if the infringement is effective in Germany. Content creators should be aware that insults in the live stream have legal consequences — regardless of which country they reside in.