LHR obtains temporary injunction against ‘opinion blogger’
Your contact person
As a ‘YouTuber’ or ‘influencer’, you don’t have your own content? Never mind. Just criticise the others. The ‘reaction video’ is particularly popular. Or you can go straight for ‘opinion blogger’.
The best-known example of this naughtiness is probably Oliver Pocher’s ‘screen control’. The advantage is not only that you don’t need your own ideas. You can also present yourself to your fans as a critical voice and helping hand.
Frankfurt Regional Court bans ‘opinion blog video’
The Frankfurt Regional Court (LG Frankfurt, Beschluss v. 7.12.2023, Az. 2-03 O 624/23) has recently issued a temporary injunction in favour of a successful crypto investor against an ‘opinion blogger’ at the request of LHR. This prohibits her from spreading unfounded suspicions in YouTube videos and using image material belonging to the applicant.
Groundless accusations
The supposedly unbeatable trick of spreading unproven accusations without risk is to incorporate quotes from others (in this case from an ‘expert’) into the video. On the one hand, this lends objectivity and authenticity to the accusations and, on the other hand, you can claim not to have made them yourself. An ingenious plan only at first glance, which the Frankfurt Regional Court – unsurprisingly – thwarted with its urgent decision.
‘Stolen’ images and videos
In addition to some self-created content, the video consisted of third-party content, mainly from our client. The misconception: Third-party videos and photographs can always be used freely with reference to the right to quote if you only make some kind of ‘critical’ comment. The Frankfurt Regional Court also clearly rejected this view.
No imprint
To make matters worse, the ‘critical blogger’ has monetised her YouTube channel for a profit and even calls for donations, but withholds a proper legal notice with a summonable address from her viewers. She is only ‘contactable’ in the form of a ‘c/o’ address at – unsurprisingly – an advertising agency.
Amount in dispute € 60,000, fine of up to € 250,000
In the event of non-compliance, the blogger faces a fine of up to € 250,000, or alternatively up to 6 months’ imprisonment. The order is not yet legally binding or final. The opposing party may appeal.
Compensation for damages
In addition to the mere injunction, the selfless critic naturally also owes damages, which are not limited to the court and legal costs of around € 7,000.
UPDATE 30.12.2023
There is now a reaction video to the ban on the Reaction video by the Frankfurt Regional Court:
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