Who is liable when misquotes are spread online? - The responsibility of Facebook and Co.

The question of whether social networks can be held responsible for false claims and quotes is becoming increasingly urgent. Especially when prominent personalities, such as the Green politician Renate Künast, are affected. A case before the Federal Court of Justice (BGH) is now shedding light on the responsibility of platform operators. But what does this mean for all of us?

False quotations on the Internet: Who must act?

Renate Künast is used to defending herself against hatred and hate speech on social media. But when a meme circulated with an alleged quote from her that she never said, the question arose: who is liable when such lies are spread? Künast demands that Facebook automatically deletes all variants of this meme - including the new ones that keep popping up. This raises a crucial legal question: Does the operator of a platform, such as Facebook, have to respond proactively to false information as soon as it is reported?

The dispute over Facebook's obligation to check

Meta, the company behind Facebook, argues that a manual review of the posts is necessary in order to assess their meaning. They therefore do not consider themselves obliged to delete false information without further verification. However, Künast and her supporters believe that this practice allows platforms to profit from the spread of hate and misinformation without taking responsibility. After all, Facebook's algorithms ensure that such misquotes spread like wildfire.

What could change with the new Digital Services Act (DSA)?

The case is not only of national importance, but could have far-reaching European implications. The BGH has decided to suspend the proceedings until the European Court of Justice (ECJ) makes a decision on another, similar issue. This concerns whether platforms are also responsible for deleting content that is identical or very similar to content that has already been declared illegal. The ECJ will answer this question taking into account the new Digital Services Act (DSA). This legal framework is intended to tighten the responsibility of platform operators in Europe and could fundamentally change the business model of Facebook & Co.

The fight against the spread of fake news

Renate Künast has repeatedly emphasized how important it is to take action against fake news and misquotes - not only for her own reputation, but also for democracy. At a time when social networks have become the biggest disseminators of hate and agitation, many are calling for the major platforms to take more responsibility. Künast herself sees a fundamental issue in these proceedings: "Lies are not opinions." It is not just about the personal rights of individuals, but also about the integrity of the public debate.

The proceedings before the Federal Court of Justice and the ECJ's decision could form the basis for future legal disputes regarding the responsibility of platform operators. For Künast and her supporters, one thing is certain: clear responsibility must finally be established for the spread of fake news and misquotes online. This is the only way we can prevent lies and hate speech from continuing to do the rounds unhindered.