The right to anonymous expression on the Internet is the fundamental
right to freedom of expression (Article 5 § 1 Basic Law) can be covered.
This has the Higher Regional Court (OLG) Hamm, in a resolution: found
(case I-3 U 196/10). The limitation of the right to statements which are
assigned to an individual is not compatible with the Basic Law.
In this specific case, a psychotherapist, had complained of could be
denigrated by a negative review on a site assessment and sued for
damages and removal. The doctor had to accept the anonymous posted value
judgments, the Court of Appeal ruled. An important role to play here is
that the evaluation only the tangential occupation of mourners and the
privacy was not violated.
The Court of Appeals judge further stressed in principle, the importance
of anonymity on the net: "The obligation to confess to name a specific
opinion would generally justify the risk that the individual in fear of
reprisals or other negative effects are then largely determines its
opinion to express it. "Federal Interior Minister Hans-Peter Friedrich
had recently questioned the anonymity of the net flat. How should the
Internet in real life people stand with their name for their deeds, was
Frederick.
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