Eva Glawishnig-Piesczek v. Facebook Ireland is a defamation case. Look up venue-shopping in London for American defamation cases if you want a counterpoint. The CJEU later clarified hosting providers’ obligations to remove defamatory content
Despite being acquitted, the Michael Much case was fairly understandable - the public prosecutor said freedom of expression had to be weighed against human dignity...(and) that propaganda does not fall under freedom of expression. No arguments here. 1A Rights aren't going to save you either, unless you call someone a 'pedo-guy'.
The reason I specifically brought up Spitting Image is that I knew you'd cite this case - with this point specifically argued in court.
"Partsch also pointed to popular TV-shows doing, he said, that did the same. If the court found against Much, it would mean a ban on creating political caricatures."
> Police searched Much’s house and removed and confiscated the posters. The public prosecutor imposed a penalty order of €6,000 for “criminal insult to politicians”.
The guy had his house searched by police, a €6000 fine and had to go challenge it in court. The fact that it happened at all is the problem.
NGL, I can't really argue with that. Thankfully it's not the same across Europe - Germany is just a basketcase when it comes to laws. It's like getting fined in Switzerland for falling off your bicycle. They're not even remotely consistent in how or why they're applying them.
"In Hamburg, a man (59) who had called Federal Minister of Economics Robert Habeck (54, Green Party) a “complete idiot” on “X” (formerly Twitter) went unpunished. In Wunsiedel, Bavaria, the district court has now imposed a hefty penalty on someone who called Habeck an “idiot.”
"P. feels he has been treated unfairly and claims: "My Facebook post was meant to be satirical." His role model: the ZDF satire magazine "heute-show" . It regularly awards the "Golden Idiot" prize, for example to Winfried Kretschmann (75, Green Party), Sigmar Gabriel (64, SPD) or Björn Höcke (51, AfD)."
https://reason.com/2019/10/03/the-e-u-orders-global-censorsh...
https://brusselssignal.eu/2024/03/german-businessman-cleared...