On November 29, 2021, our client Ahmad Mansour was called a “racist Islam-hater” on Twitter by a politician of the Left Party. In its verdict of 28.04.2022, the Regional Court of Berlin II granted our client injunctive relief against the defendant. The defendant’s appeal was without success.

The Court of Appeal ruled that the politician’s statement was not justified in any way. The statement was indeed an expression of opinion protected by Article 5 (1) of the Basic Law. However, the statement “racist Islam hater” has no actual foundation. There are no sufficient indications that would justify an infringement of our client’s fundamental personal right. Consequently, Ahmad Mansour was granted an injunctive relief against the defamatory statement.

The court argued as followed:

“Own or ‘too-own-made’ statements of the claimant, which could serve as a factual base for a view that he hates the Islam for racist reasons, are not evident to the court. With the extensive evidence he has provided, the defendant is not in a position to provide a foundation for the contested statement. Instead, it is clear from the claimant’s publications that he differentiates without exception and makes it clear that, as a Muslim, he does not indiscriminately reject either his own religion or any of its followers – for racist reasons.”

The ruling by the Higher Regional Court is another success for Ahmad Mansour and Gelbart Legal.