Swearing at people and insulting them is illegal

108 posts in this topic

Seconding Indiie's confusion. Heck, I can drive properly whilst actually rolling a fag.

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I don't know, but she clearly couldn't manuver her car between us and the parked cars (which is done every day) and she was holding her ciggy up and not trying to use two hands on the wheel to help her manuver. She also wouldn't hand it to her friend when she had trouble driving. So, I think she needed two hands as she was incapable of doing it with one, but she refused to use two hands until the other older gentelman came up and told her get back in her car and move it (so, the problem is really her attitude as she could have handed her ciggy to her friend if she needed two hands, but refused to do so)

 

I know I personally have a hard time manuvering in tight spaces with one hand (which is why I quit talking on the phone in the car long before it was illegal). My hubby, however, could probably drive through a maze with his toes.

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if I send an email to company A and write that Company B is unprofessional can I be sued for insulting them? I have received a letter from the lawyer of company B to sign a Unterlassungserklärung and pay 2500€ as Schmerzensgeld + the fees for their lawyer. should I take this seriously and hire a lawyer?

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You will need to go to a lawyer, because the letter you have received is from one so the only way to respond is in kind.

 

As I understand it, although you may not directly insult somebody you still have the right according to  "Grundgesetz für die Bundesrepublik Deutschland Art 5.1". which says

 

Quote

...Jeder hat das Recht, seine Meinung in Wort, Schrift und Bild frei zu äußern und zu verbreiten und sich aus allgemein zugänglichen Quellen ungehindert zu unterrichten...


So, as long as you have just expressed your opinion and not personally insulted or slandered somebody then you should be OK.  This should include stating that a company or personal in unprofessional so long as the reasons you present are valid, correct, and factual.  There is nothing in the law which states that the company must agree with your statement

 

Also, the law talks about unlawful attacks on a persons honour, but it is not clear what exactly this is.  So it is open to interpretation.  More info here:

https://www.anwalt.de/rechtstipps/beleidigung-boese-worte-und-ihre-strafrechtlichen-folgen_002994.html

 

Also, even if you have insulted them they would have to prove that their reputation has been damaged by these insults.  Simply being insulted is not enough.  This is very hard to prove in a court of law.

I don't know what you wrote but I would assume that they are just trying it on.  They don't like what you said and are trying to scare you.  Time to show them that you will not be bullied.

 

Go to a lawyer, get them to write a letter explaining all of this (which they can do much better) and also tell them to stop harassing you and making false accusations otherwise you will sue them!

 

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6 hours ago, turbidpancake said:

if I send an email to company A and write that Company B is unprofessional can I be sued for insulting them? I have received a letter from the lawyer of company B to sign a Unterlassungserklärung and pay 2500€ as Schmerzensgeld + the fees for their lawyer. should I take this seriously and hire a lawyer?

 

 

Also, if you wrote to company A how did company B become aware of this E-Mail?

 

If they have sent this to company B without your consent then they are also in breach of the data protection laws and you should report them for this!

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Is it a scam? Who invented 2500? I would be inclined to ignore it.

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Company A showed it to Company B and said sue his ass and we'll split the proceeds.

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9 hours ago, turbidpancake said:

if I send an email to company A and write that Company B is unprofessional can I be sued for insulting them?

If you want answers you have to post the email. Nobody can assess that case without reading that email...

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