Tweet Your Victim/Facebook Your Perpetrator

While the appalling behaviour of Twitter users in the Ched Evans case has caused an uproar in the UK, there is a contrary case taking place in Germany. The recent social media use in the UK saw a rape victim being named on Twitter, whereas the German case involved a woman naming a man who had been harassing her by sending her sexually explicit messages. Ariane Friedrich an olympic high jumper who trained as a police officer, posted the name and location of the man who had been sending her the messages on Facebook. This has caused a huge discussion in Germany, where privacy laws are known to be particularly stringent.

The man allegedly sent her images of his genitals with the sexually explicit/suggestive message stating that he had “just showered and shaved”. Ms Friedrich became enraged and posted his name and location on Facebook, adding that she will be filing a complaint with the police shortly.

Since she posted the message 2200 people have clicked the “like” button under the post along with 400 comments. In a later post Ms Friedrich explained  that she has “carefully read” through both supportive and critical comments. She added that “of course it had been a big step to make such a vulgar e-mail public”, but she said that this is not the first time she has been insulted and sexually harassed. She also stated that she had previously had a stalker. She claimed that she now felt it was time for her to act and to defend herself, even this posting sparked a huge reaction leading to a further 1100 comments. While some argue that her behaviour was completely justifiable, others claim that her self-administered justice amounts to an erosion of the law.

Her liability would depend on whether her claims are genuine or not and whether the named man actually sent those messages. If her assertion is proven to be true, then she will not be liable for defamation or libel. However if this is not the case, the situation could become more complex. In a well known German tabloid, the man (described in the German media as ‘a man with the same name as the alleged author to the messages’) claimed he had been hacked and has closed his Facebook account as a result. However it is probably unlikely that a judge would make the assumption that Ms Friedrich is accusing an innocent person. Therefore seems unlikely that she will be charged in relation to defamation. However she could be liable under civil law as she breached his right to privacy by making his personal details public. If the named man went to court over the issue he could possibly win in a civil claim, if the circumstances surrounding the publication of his details had sufficient gravity.

While the Friedrich case is very different to the Ched Evans/Twitter case, one case infringing the victims privacy while the other concerns the alleged perpetrator.  Germany has much stricter privacy law than the UK, mainstream media are much more restricted than in the UK. Naming a rape victim, when they should have anonymity for life raises serious concerns about protecting victims. The contrast between these two cases highlights different aspects of privacy law and the ethical minefield surrounding social media.

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