Berlin court rules grieving parents have no right to dead child′s Facebook account | News | DW | 31.05.2017

We use cookies to improve our service for you. You can find more information in our data protection declaration.

More info OK
  1. Inhalt
  2. Navigation
  3. Weitere Inhalte
  4. Metanavigation
  5. Suche
  6. Choose from 30 Languages

News

Berlin court rules grieving parents have no right to dead child's Facebook account

A German court has ruled that Facebook rightfully rejected access to a deceased girl's account. Her parents have tried to clarify their daughter's death since she was struck by a subway train in Berlin in 2012.

Facebook unter der Lupe (picture-alliance/dpa/T. Hase)

The grieving parents of a 15-year-old who was killed by a subway train in 2012 do not have the right to read her Facebook chat history, a court in Berlin ruled on Wednesday. As the reasons for the girl's death - whether it was an accident or suicide - remain unclear, the parents have sought access to the account to examine whether their daughter had ever mentioned wanting to die in chats with friends or in posts.

In 2015, a lower court in Berlin ruled in favor of the parents' request, calling the contents of the girl's Facebook account part of her legacy. That panel considered emails and Facebook entries similar to letters and diaries, which "can be inherited regardless of their content."

- What happens to your Facebook account after you die?

- Facebook allows Herkules to stay naked

- The state and social media

Berlin's court of appeal dealt the parents a setback with the latest ruling, however. "We see it differently than the state court," Chief Justice Björn Retzlaff said. The appeals court ruled exclusively on the US social media giant's argument that opening up the girl's account would compromise her contacts' constitutional expectation of telecommunications privacy: "That is the main point of our decision," Retzlaff said.

  • Apps on a smartphone

    Fighting for the internet: Social media, governments and tech companies

    Free speech or illegal content?

    Whether hate speech, propaganda or activism, governments across the globe have upped efforts to curb content deemed illegal from circulating on social networks. From drawn-out court cases to blanket bans, DW examines how some countries try to stop the circulation of illicit content while others attempt to regulate social media.

  • Messages in a German Facebook account

    Fighting for the internet: Social media, governments and tech companies

    Social media law

    After a public debate in Germany, a new law on social media came into effect in October. The legislation imposes heavy fines on social media companies, such as Facebook, for failing to take down posts containing hate speech. Facebook and other social media companies have complained about the law, saying that harsh rules might lead to unnecessary censorship.

  • Sign of Google with silhouettes of people

    Fighting for the internet: Social media, governments and tech companies

    Right to be forgotten

    In 2014, the European Court of Justice ruled that European citizens had the right to request search engines, such Google and Bing, remove "inaccurate, inadequate, irrelevant or excessive" search results linked to their name. Although Google has complied with the ruling, it has done so reluctantly, warning that it could make the internet as "free as the world's least free place."

  • Young Ukrainians protesting a ban on Russian social media platforms and web services

    Fighting for the internet: Social media, governments and tech companies

    Blanket ban

    In May 2017, Ukraine imposed sanctions on Russian social media platforms and web services. The blanket ban affected millions of Ukrainian citizens, many of whom were anxious about their data. The move prompted young Ukrainians to protest on the streets, calling for the government to reinstate access to platforms that included VKontakte (VK), Russia's largest social network.

  • Max Schrems waits for the verdict of the European Court of Justice

    Fighting for the internet: Social media, governments and tech companies

    Safe Harbor

    In 2015, the European Court of Justice ruled that Safe Harbor, a 15-year-old pact between the US and EU that allowed the transfer of personal data without prior approval, was effectively invalid. Austrian law student Max Schrems launched the legal proceedings against Facebook in response to revelations made by former US National Security Agency (NSA) contractor, Edward Snowden.

  • Chinese social media services

    Fighting for the internet: Social media, governments and tech companies

    Regulation

    In China, the use of social media is highly regulated by the government. Beijing has effectively blocked access to thousands of websites and platforms, including Facebook, Twitter, Instagram and Pinterest. Instead, China offers its citizens access to local social media platforms, such as Weibo and WeChat, which boast hundreds of millions of monthly users.

  • Twitter Logo displayed on a cellphone (picture-alliance/AP Photo/M. Rourke)

    Fighting for the internet: Social media, governments and tech companies

    Twitter bans Russia-linked accounts

    Many politicians and media outlets blame Russia's influence for Donald Trump's election victory in 2016. Moscow reportedly used Facebook, Twitter, Google, and Instagram to shape public opinion on key issues. In October 2017, Twitter suspended over 2,750 accounts due to alleged Russian propaganda. The platform also banned ads from RT (formerly Russia Today) and the Sputnik news agency.

  • Facebook app option on a phone screen (picture alliance/NurPhoto/J. Arriens)

    Fighting for the internet: Social media, governments and tech companies

    Facebook announces propaganda-linked tool

    With social media under pressure for allowing alleged Russian meddling, Facebook announced a new project to combat such efforts in November 2017. The upcoming page will give users a chance to check if they "liked" or followed an alleged propaganda account on Facebook or Instagram. Meanwhile, Facebook has come under fire for not protecting user data in the wake of the Cambridge Analytica scandal.

    Author: Lewis Sanders IV (dj)


Facebook's German woes

The most recent verdict is likely not the last as the law continues to evaluate just what kind of medium social media is. Appeals could see the case go all the way to Germany's Federal Court of Justice.

"We feel for the family and respect their wish," a Facebook spokesperson said following the court's decision on Wednesday. "We will work to find a solution that helps the family and at the same time respects the privacy of others who could be affected."

The social network has faced increased scrutiny in Germany, where authorities have proposed heavy fines for outlets that fail to wipe hate speech from their sites. Facebook has, however, also had its successes in Germany.

In a recent high-profile court case, the website clinched victory against a man who took a celebratory selfie with Chancellor Angela Merkel after arriving to Germany as a refugee and then instantly became the target of racist trolls and misinformation. He had requested that Facebook search out and delete defamatory posts, but the court ruled that that could present major technical hurdles for a site that has in many ways become the internet's No. 1 source of news - fake, libelous or otherwise.

mkg/rt (AFP, dpa, epd, kna)

DW recommends

Facebook slams proposed German 'anti-hate speech' social media law

If German Justice Minister Heiko Maas has his way, platforms like Facebook will face fines for hosting illegal content. In a rare direct statement, Facebook says it should not be tasked with "state responsibilities." (29.05.2017)  

Facebook allows Herkules to stay naked

The German city of Kassel is once again able to display its treasured statue of Hercules on Facebook ... without red swimming trunks. (29.05.2017)  

The state and social media

German police keep the public informed on emergency situations using Twitter. Postings on social media are becoming indispensable to the functioning of many government agencies. They're a direct line to citizens. (23.05.2017)  

What happens to your Facebook account after you die?

A German couple is suing because Facebook won't grant them access to their dead daughter's account. The trial, which began in a Berlin court on Tuesday, touches on the complicated issue of digital legacy. (25.04.2017)  

German justice minister defends controversial anti-hate speech legislation

The Bundestag is debating a draft law to force social media platforms to delete illegal content more quickly. Critics fear that it is too imprecise and could restrict freedom of speech. The justice minister disagrees. (19.05.2017)  

Fighting for the internet: Social media, governments and tech companies

With Germany's parliament discussing a social media law to combat hate speech online, social media companies have voiced concerns about how it will impact their operations. But how far is too far? DW examines the trends. (29.05.2017)  

Related content

Großbritanien David Icke British TV Presenter Seen at the Memorial Service for the late...

Lizard conspiracist David Icke not wanted in Berlin 23.02.2017

British New Age conspiracist David Icke has had a second event in Germany cancelled after being dogged by accusations of anti-Semitism. Experts say conspiracy theorists should not be laughed off as harmless.

Berlin Südkreuz Pilotprojekt Gesichtserkennung

Opinion: Facial recognition tech makes suspects of us all 25.08.2017

For six months, cameras have been scanning passengers' faces at a Berlin train station. It's the beginning of the end of democracy, DW's Martin Muno writes.

10 Jahre Hashtag

Germany implements new internet hate speech crackdown 01.01.2018

A new German law named NetzDG that will force social media sites to delete offensive content has come into effect with the New Year. There are plenty of critics on both the far-right and among internet activists.

Advertisement

News Bulletin

Top stories in 90 seconds

DW News presents the most important news — in brief, quickly and up-to-date.