German Court Sides with Woman Who Named Youth Welfare Workers Online, Citing Freedom of Expression
Bremen, Germany – June 21, 2025 – In a landmark ruling with significant implications for online speech and data privacy, a German court (LG Bremen) has overturned a conviction against a woman who publicly shared the names of youth welfare staff and a police officer involved in the removal of a child from a Syrian family. The case, a flashpoint in the ongoing debate surrounding “doxing” and the limits of free speech, has quickly become a key topic for Google News indexing and SEO optimization.
The Case: A Painful Past and a Viral Video
The woman, who posted under her real name on a public internet forum dedicated to abolishing the youth welfare office, reacted to a deeply upsetting four-minute video depicting the removal of a six-year-old boy from his family. Having experienced a similar situation herself three years prior, she published the names of the individuals featured in the video. She was initially sentenced to 90 daily rates for violating § 126a Abs. 1 No. 2 of the German Criminal Code, which addresses the endangering distribution of personal data.
Court Finds No “Endangering” Intent
However, the LG Bremen found that while the woman *did* disseminate personal data, she did not do so in a manner that posed a genuine risk to those named. Crucially, the court emphasized that she did not incite violence, nor did she provide any contact information beyond names. Her post was deemed “factual” and lacked any emotional escalation or calls for harm. The judges specifically noted that neither her post, nor any others in the forum, constituted a credible threat.
“The court spoke freely because it considered the criminal offense to be not fulfilled,” a court statement indicated. “Although she spread personal data, it has spread, but not in a way that was suitable for endangering the persons named by it.”
The Question of Motivation and Freedom of Speech
The prosecution argued that the woman’s claim that the youth welfare intervention was religiously motivated – alleging bias against the boy’s Muslim upbringing – could be interpreted as inciting hostility. The court rejected this argument, stating that such a claim, even if potentially offensive, did not inherently create a risk of harm.
The LG Bremen powerfully asserted the importance of freedom of expression (Art. 5 Abs. 1 GG), stating that it enjoys a high priority and extends to criticism of state action. The court reasoned that criminalizing the mere naming of individuals involved in official duties is unacceptable unless there is clear evidence of a genuine threat. This ruling sets a precedent for balancing the right to privacy with the public’s right to scrutinize government agencies.
Doxing and the Legal Landscape: A Growing Concern
This case arrives at a time of increasing concern over “doxing” – the act of publicly revealing someone’s personal information, often with malicious intent. While doxing can be incredibly harmful, legal definitions and protections vary significantly. Recent scholarship, like that of Müller (2025) on social media expressions, and Kubiciel/Großmann (2019) in the NJW, highlights the complexities of applying data protection laws to online speech. The Cologne Regional Court (AG Cologne) has previously ruled that simply collecting publicly available quotes does not constitute an endangering distribution of data, further illustrating the nuanced legal terrain.
The line between legitimate criticism and unlawful harassment is becoming increasingly blurred in the digital age. This ruling underscores the need for courts to carefully consider the context and intent behind online speech before imposing criminal penalties. It also emphasizes the importance of focusing on demonstrable harm, rather than simply the act of revealing personal information.
This case serves as a vital reminder that while protecting personal data is crucial, stifling legitimate public discourse about important social issues is a dangerous path. The Bremen court’s decision is a win for freedom of expression and a clear signal that criticism of state action, even when delivered forcefully online, will not be automatically criminalized.
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