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Berlin Court Rejects Resch’s Bid to Shut Facebook Groups Over Threats

The ruling leaves reported-post deletions as the only remedy under current German law.

Overview

  • The Kammergericht Berlin dismissed Jürgen Resch’s lawsuit seeking to compel Meta to close two Facebook groups where he faced violent threats.
  • Judges said there is no legal basis to order whole-group shutdowns and found such a step disproportionate given lawful discussion by other members.
  • The court endorsed a notice-and-takedown approach, noting Meta’s confirmation that reported offending posts are removed.
  • While acknowledging severe violations of Resch’s personality rights, the court held that targeted removals are the available means of redress.
  • A late request to mandate daily proactive searches for abusive content was rejected as procedurally inadmissible, and leave to appeal was denied though a complaint could still seek BGH review.