Ignorance does not protect against punishment - WhatsApp status can have legal consequences
Created: 05/03/2022 14:23
By: Ines Baur
Think first, then post.
Anyone who distributes inappropriate pictures or clips must expect consequences.
Even if it wasn't meant that way.
(Iconic image) © Sebastian Gollnow / dpa
Posted so quickly and visible for up to 24 hours: clips or pictures in WhatsApp status.
But even with short-lived status messages, users do not enjoy foolishness.
Frankfurt am Main - Ignorance does not protect against punishment and there are sayings, pictures and clips that it is simply not proper to spread them.
Not even via WhatsApp status and not even if it was "not meant at all".
The distribution of certain media is prohibited in this country and can be punished with penalties and have criminal consequences.
A family man uploaded a video to his WhatsApp status in 2019.
The clip shows, among other things, symbols and video excerpts from the National Socialist era.
In the almost 1 minute, 20 second long video there was also a picture of the German dictator with the text “I fought against Jewish tyranny” being displayed at the same time. All of the man’s WhatsApp contacts were able to see this video for 24 hours.
WhatsApp Status: Accused denies right-wing attitude and finds video ridiculous
The defendant stated that he did not identify himself with the clip.
He is also not right-wing extremist.
Overall, he viewed the video as ridiculous and wondered who invests so much time and money in a video.
However, the court does not see the facts so lightly.
In his opinion, the man knowingly accepted that the distribution of the video in WhatsApp status would cause right-wing agitation.
It sentenced the defendant to a fine
based on the video in WhatsApp status for
incitement
to hatred and use of
signs of unconstitutional organizations .
Since he confessed and the offense was two years ago, the court imposed 75 daily rates of 10 euros each.
At the time the press text was published, at the end of February, the court's decision was not yet final.
Posting in WhatsApp status - ignorance does not protect against punishment
The judgment of the district court could be groundbreaking for future decisions regarding content distributed via WhatsApp status.
Anyone who shares pictures, statements or videos about the status must first consider whether the content is appropriate.
This applies to inflammatory material as well as pornography.
According to an article in
Stern
, the police are warning that young people are increasingly spreading media in chat groups that are legally classified as child pornography.
Distributing such media has been punished much more severely since last year: since the summer, sending such material has been considered a crime.