Sunday, July 18, 2010

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personal rights in the net

who is reviled in the Internet can defend themselves. It becomes difficult when the server is abroad - and the victim not the offender knows. An interview with media rights lawyer Tobias H. Strömer led by Doris blackbirds.



Doris blackbirds : Mr. Strömer where bullying starts on the Internet?

Tobias H. Strömer
: Whether someone feels bullied, is of course subjective. Also do not like the Internet can be, is libel, violation of rights of privacy and breach of the law in their own image.

Doris blackbirds
: What options are victims, to defend themselves?

Strömer
: It depends mostly on whether you know the offender or not. The internet is a fairly anonymous medium. When an unknown perpetrator from a foreign domain to someone slandered, that server is still abroad, the victim has no opportunity to defend themselves. This, for example YouTube the case. If the victim knows the offender and the videos or images displayed on a de-domain, you have to say nothing in the principle of bullying. It's enough already, for example, not with an image acquisition have been agreed. With mobile video, in which teachers be denigrated, this is certainly the case.

Doris blackbirds
: What legal recourse for the victim then? How should you proceed?

Strömer
: As a first step, you can write to the offender a warning, telling him what rights he has infringed, and him to deliver an imitator request. If that fails, a civil action for damages is usually more appropriate than the criminal path, because such methods are often employed quickly.

Doris blackbirds
: What claims threaten the perpetrators?

Strömer
: These may be claims 2500-15000 €. A woman whose head is mounted on a digital recording was naked, rode the first 9000 Euro of damages. Students are the perpetrators, is always the question of whether they are liable at all. Children aged seven and are limited tort capable and liable for damages. But this assumes that the offender the wrongs of his actions at all understand. Many young people is not clear that the Internet is not anything goes. This is where, the media education, which is also important from a legal point of view.

Doris blackbirds
: Apart from increased education of the students: Do we need special laws against defamation in Germany on the Internet?


Strömer
: From I do not believe those claims. The existing laws for the protection of individual rights apply even if the insults and defamation on the Internet happen. The new section is stalking the web. So someone who is always online stalking or threatening him is liable to prosecution. But it has to apply those laws very well.
Tobias H. Strömer is a specialist IP lawyer and represents clients in court frequently, who see their personal rights violated on the Internet.
The interview was conducted for TIME online .