Hitler video in WhatsApp status: Court rules no criminal distribution
A man posted a 17-second Hitler video to his WhatsApp status for 8 to 12 people. The Higher Regional Court found no criminal distribution.
Court: Hitler video in WhatsApp status within narrow user circle not automatically criminal
According to stern.de, a Higher Regional Court has ruled that sharing a Hitler video in a WhatsApp status does not necessarily constitute a criminal offence. In the specific case, a man had posted a 17-second video sequence to his status for 24 hours that could only be seen by eight to twelve people.
The video initially showed a young woman walking through the countryside singing the popular song "Oh, wann kommst du?" by Israeli singer Daliah Lavi. Through a smooth transition, she then transformed into Adolf Hitler – and then back again.
The Higher Regional Court acknowledged in its ruling on Monday that the depiction of Hitler's likeness in the context of the song played constituted a prohibited symbol. However, it had neither been used publicly nor could criminal "distribution" be assumed. The members of the chat group were closely connected and had trusted that the contents would not be forwarded to outsiders.
Source: Google News AT — Crime (de)