Judgments Father does not have to be repeatedly described as the father of a child

Munich District Court: Mother has violated personality rights
An assertion is not true by constant repetition, knows the vernacular. However, it can become a personal injury, the district court of Munich ruled in a ruling announced on Friday, September 30, 2016 (Ref .: 161 C 31397/15). There was the complaint of a man from Saudi Arabia against a woman from Munich, who repeatedly claimed publicly that he was the father of her daughter.

The two had met in 2011 in Munich, 2012, the woman gave birth to a daughter. In the subsequent period, the Munich woman repeatedly claimed that the man from Saudi Arabia was the father. In social media, she published pictures of the man and pictures of her daughter, which she subtitled with "daughter of the (name)".

(Image: contrastwerkstatt / fotolia.com)

However, the Saudi denies being the girl's father. The constant contrary statement of the mother violates him in his personal rights.

On his complaint, the District Court of Munich now ruled that the woman may not repeat her claim and no longer publish photos of the man. In social media, she must revoke her claim.

In support of the ruling, the District Court stated that the allegation that Saudi was the father was a statement of fact. Proof of this must be provided in the case of dispute by the Munich woman who has made the allegation. She did not provide such evidence.

The claim, however, touches the privacy of the man. This outweighs the freedom of expression of the Munich woman. Because there is no public interest in the dissemination of the paternity claim. Since the mother has already made this claim several times in public, the Saudi must also assume that they would do so without a ban order.

Photos of the man were allowed to publish the Münchnerin anyway only with its consent. But she had violated his right to his own image.

Altogether, every human being "could decide for himself, when and within which limit personal facts are revealed", quoted the district court from a decision of the Federal Constitutional Court. The judgment of 12 April 2016, now announced, has become final. mwo / fle