Deleting accounts of so-called hate organizations in social networks is permitted.

This leaves the right-wing association “One Percent” with its customer accounts on Facebook and Instagram blocked, as the Dresden Higher Regional Court (OLG) ruled on Tuesday. The court thus dismissed the association’s appeal against an identical judgment by the Görlitz district court. (Az: 4 U 2890/19).

In the legal proceedings, Facebook relied on the fact that the association was a “hate organization” in the sense of the community standards of the internet platform. At least the association had supported another hate-spreading organization – the so-called Identity Movement.

According to the OLG ruling, social networks are fundamentally free to stipulate the exclusion of hate-spreading organizations and their supporters in their terms of use. A block must not, of course, be arbitrary, but is only permitted after prior warning.

However, Facebook has made it believable that the association itself fulfills the requirements for being classified as a “hate organization”. Therefore, the conclusion was justified that its ideological orientation aims to attack people based on their ethnic origin or religious belief, the court ruled.

According to Facebook, there are connections between the association based in Oybin in the Görlitz district and the extreme right-wing identity movement. The chairman of the association said in a newspaper interview that he had financially supported the Identitarian Movement in Austria. There were also other statements by the association that substantiate this relationship.

The plaintiff, on the other hand, had argued that the Facebook terms of use on which the deletion was based were ineffective and the measure was arbitrary and disproportionate. He can neither be viewed as a hate organization, nor does he support it.

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The district court in Görlitz had already ruled in November that the association had no right to have its accounts reactivated. The OLG now followed this. The judgment is final.


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