Berlin political battle: Court stops explosive harassment allegations!

Berlin political battle: Court stops explosive harassment allegations!

In a sensational case between two Berlin Green Party politicians, Stefan Gelbhaar and Klara Schedlich, the challenge that freedom of expression and personal rights pose in political discourse is once again shown. According to the report by anwalt.de Schedlich said in an affidavit that Gelbhaar had sent her “cross-border messages”. This claim led to reporting by RBB, in which the harassment allegations against Gelbhaar were discussed.

The Hamburg Regional Court decided in a decision dated March 10, 2025 (ref. 324 O 53/25) that Schedlich must refrain from repeating several statements. This decision was confirmed in a hearing on May 16, 2025. The court made it clear that a true statement may be inadmissible in certain contexts if it conveys a false overall impression. In this specific case, Schedlich's statement gave the impression of one-way communication, when in fact there had been two-way communication.

Personal rights in focus

The court's decision makes it clear that personal rights are very important in the political and media sphere, especially when it comes to sensitive allegations such as harassment. The protection of human dignity and personal rights takes precedence over freedom of expression. This is also reflected in the statements by lto.de emphasizes, where Klaus F. Gärditz points out that freedom of expression and its limits must always be viewed in the context of human dignity.

The importance of criminal communications law has increased in recent years, not least due to the increasing brutalization of political culture and social media. Claims that give the impression of violating the personal rights of others are often no longer considered harmless. A balance must be made between freedom of expression and the protection of personality, with the latter often deserving of greater protection.

Legal consequences for public statements

During the course of the proceedings, it was also recognized that an affidavit does not protect against legal consequences if the transmitted content is inadmissible. This leads to the important insight that a statement about regular messaging without mentioning one's responsibility to respond can be misleading. The judgment of the Hamburg Regional Court therefore sends a clear message: When making public statements, one should always consider the impact they can have on the personal rights of those affected.

In this debate about freedom of expression and personal rights, the Court makes it clear that the limits to the exercise of these rights depend not only on the wording, but also on the context in which they are expressed. Statements must not lead to defamation or humiliation, which underlines the responsibility of those making the statement in public.