"Nasty obituary" for Pocher's screen monitoring: Court halts proceedings – against €15,000

Image: @anne_wuensche / Instagram.com

One influencer joke too many?

Oliver Pocher – entertainer, provocateur, constant target, and sometimes the shooter himself. But this time, the comedian overshot the mark. His sharp tongue got him into real legal trouble: Pocher stood trial in Cologne for defamation against influencer Anne Wünsche.

The accusation: In two videos from 2020, he alleged that Wünsche had simply bought positive comments and emojis online—including 96,000 hearts, allegedly. For Pocher, this was grist for his online column "Bildschirmkontrolle" (Screen Control). For Wünsche, it was clearly an attack on his credibility—and thus a case for criminal law.

"Before I give it to the government, I'd rather give it to a good cause."

What began as a classic social media beef has now ended in a quiet settlement before the Cologne District Court: Pocher must pay €15,000—not to the state, but to charitable organizations.

The agreement was reached after a so-called "legal discussion," i.e., a deal between the judge, the prosecution, and the defense. The case will be dismissed in accordance with Section 153a of the Code of Criminal Procedure—once the money has been paid, the matter will be closed for the justice system. And Pocher will not have a criminal record.

In court, the comedian showed understanding. He said he had based the accusations against Anne Wünsche on statements made by an informant—without checking the information. His comment on the settlement: "Please just end it." He would rather pay the €15,000 "for a good cause" than to the state treasury—that way, "at least someone else will benefit from it at Christmas."

Pocher has already been reined in under civil law

The case will soon be closed in criminal law terms, but in civil law terms, an initial ruling was already handed down at the end of November: the Hamburg Regional Court prohibited Pocher from repeating his statements about allegedly purchased likes and followers. Any violation could result in a fine of up to €250,000.

However, Anne Wünsche was unable to achieve a complete victory in civil court: her claim for damages was dismissed.

Critical classification

Pocher's case is a prime example of how narrow the line between satire, opinion, and criminal statements has become on the internet. Anyone who publicly lashes out—even if it's "meant to be funny"—must expect that not everyone will find the joke funny. You can think what you want about influencers and their online presence. But when unsubstantiated claims are spread, it can be costly—or dangerous. Especially when 96,000 hearts end up having more explosive power than you might think.

Source: spiegel.de