LHR obtains temporary injunction against faked press inquiry
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At our request, the Berlin Regional Court issued a temporary injunction prohibiting the debtor from contacting the creditor’s business partners by email with the claim that he was researching alleged investigations by the public prosecutor’s office into “investment fraud” (LG Berlin, Beschluss v. 5.7.2016, Az. 35 O 261/16).
What appeared to be an official press inquiry was in fact not.
The perfidious thing was that the debtor referred in his email to an unspecified “German broadcaster” in whose name the research was being conducted. This was obviously intended to lend the message a seriousness that it did not have. In addition, the impression created that the public prosecutor’s office was investigating allegations of “investment fraud” was not true.
The previous history gave rise to the suspicion that the “freelance journalist” did not in fact have any journalistic interest, but had merely been sent by an alleged creditor of the client in order to persuade him to pay a not inconsiderable amount of money. Further contact therefore had to be stopped immediately. Criminal proceedings are currently being investigated.
In the event of non-compliance, the debtor faces a fine of up to € 250,000.00. The decision is not legally binding. The amount in dispute was set at € 50,000.00.
Lawyer Arno Lampmann from the law firm LHR:
“Freedom of the press applies to everyone. It is not a prerequisite to be a (full-time) journalist. It therefore goes without saying that everyone is free to ask the person in question unpleasant questions, carry out research and report on it. However – and this should go without saying – you have to stick to the truth.”
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