OLG Karlsruhe has tile man banned, to call his ex-mistress as criminals, but at the same time allows, that tile man called the charges of rape accusation publicly wrong
OLG Karlsruhe has tile man banned, to call his ex-mistress as criminals, but at the same time allows, that tile man called the charges of rape accusation publicly wrong. This ergbit Aich from the Pressemittleiung of OLG:
The applicant accepts the defendant's claim for injunctive relief in, because he has referred in media statements as "criminals".
The applicant has worked as a presenter at a radio station. There Beklagte ist Moderator, Journalist and entrepreneur. A general public he is known by the weather forecast in the ARD program. The applicant in February 2010 against the defendant, with which it was previously romantically involved for several years, Criminal charges for aggravated rape. In the course of the investigation, the defendant was on 20. March 2010 provisionally arrested and was from 21.03. until 29.07.2010 in custody. Accompanied by large media attention the trial lasted about 44 Days of hearings in early September 2010 bis Ende Mai 2011. The defendant was acquitted of the charges against him, because none could be obtained for a conviction sufficient certainty, that the rape allegation was true. The acquittal judgment is final.
After the acquittal, both parties have expressed in the media about the matter. Both have maintained their original statement of facts. The defendant is the plaintiff or in two statements as "criminals". referred to as "criminals from Schwetzingen". With the application, the applicant requested the omission of these statements.
The Mannheim Regional Court has prohibited the defendant, to designate the applicant as "criminals". On appeal, the defendant has the 6. Confirmed Civil Senate of the Oberlandesgericht Karlsruhe judgment with the proviso, that the prohibition was based on the specific remarks in question. In this Court's view, it was in both cases the necessary consideration of the particular context of complex utterances, in which the defendant on the one hand confirms the falsity of the accusations brought by the applicant against him and thus establishes a factual statement, on the other hand brings a strong pejorative assessment of the applicant expressed. The question of the legality of the designation as "criminals" associated interference with the general right of personality assessed in the light of an assessment of their constitutionally protected positions in all the circumstances of the individual case. In the constellation of the present case, the Senate has held the defendant justified, to denote the accusation of rape in public statements as inaccurate, although this necessarily the charges of false accusation is connected by the applicant, which the defendant has not proven his hand. He has the Defendants but not considered eligible, the applicant with the label as "criminals (from Schwetzingen)Denigrate "personally; in the given situation, in not only in favor of the defendant, but also in favor of the applicant presumed innocent, is against such escalations restraint offered.
The Senate has not approved the revision.
Higher Regional Court of Karlsruhe, Judgment of 22.10.2014 – The. 6 You 152/13 -