As soon as a report inadmissibly interferes with the rights of a natural or legal person, this person can assert various claims.
In particular, it is possible to demand a correction or omission of such reporting.
A counterstatement is even possible without being personally affected.
The claim for monetary compensation is particularly attractive.
As a rule, only natural persons can claim this.
However, in view of the strict requirements, the claim for monetary compensation is less relevant in the case of negative reporting.
High requirements for the right to monetary compensation
Anyone wishing to defend themselves against a report and enforce monetary compensation in court must be exposed to a particularly serious violation of personal rights.
This is particularly relevant in the case of formal insults, abusive criticism and false factual claims that result in a violation of a person’s dignity and honor.
It is irrelevant whether the serious violation of personality rights occurs through verbal or visual reporting – or even a combination of both.
For example, the unauthorized publication of intimate photographs will in many cases trigger monetary compensation, whereas this will not be the case with “merely” identifying reporting.
Do not confuse monetary compensation with damages
The claim for monetary compensation must be distinguished in particular from a pure claim for damages.
The latter is intended to compensate for specific damage, whereas monetary compensation serves the interests of satisfaction and prevention.
The claim for monetary compensation is therefore an immaterial claim and not, for example, compensation for lost profits.
It is particularly relevant here that other compensation options (e.g. a correction) cannot provide sufficient satisfaction to be able to defend oneself against negative reporting.
Claim for monetary compensation for negative reporting: This is not America…
The amount of monetary compensation regularly depends on the intensity of the infringement and other aspects such as the reach of a publication.
However, the level of figures that regularly “spill over the pond” will rarely if ever be reached in Germany.
Although monetary damages in the four-digit range are regularly awarded, these only reach five or even six-digit sums in extremely rare and particularly hurtful and far-reaching cases (see most recently on the Kachelmann case: OLG Köln, Urt. v. 12.07.2016, Ref. 15 U 175/15 and 15 U 176/15 – € 395,000.00).
Whether and to what extent monetary compensation can be enforced in individual cases or whether the assertion of other claims can be considered should be examined promptly after becoming aware of a report.
Otherwise, there is a risk that the claims will be lost.