Influencers are not legally free opinion pirates. Anyone who attacks others publicly can quickly find themselves in the legal storm – even without a hashtag #advertising.

What happens when influencers verbally attack each other on the net? The Higher Regional Court of Frankfurt am Main recently made a differentiated decision on this and made it clear where the boundary between protected freedom of expression and inadmissible personality violation runs – and when competition law not grabs

Drama in the timeline – now also in court! In a judgment of July 17, 2025 (Az. 16 U 80/24), the Frankfurt Higher Regional Court had to decide on a Zoff between two influencers. And it became clear: Anyone who distributes publicly about others must also take legal action in case of doubt.

The background: dispute between two well-known streamers

At the center of the case were two social media personalities, both of which are active on platforms such as YouTube, Twitch, Instagram, TikTok and X (formerly Twitter). The plaintiff is known in particular for political and socially critical content and is committed to women’s rights and the LGBTQ community, among other things. Gaming content is also part of her repertoire.

In a video, an influencer hadn’t exactly spoken about an influencer colleague in a video – let’s put it this way: the words were clear and unflattering. The affected influencer saw her personal rights violated and went to court.

The defendant also regularly produces content for various platforms. In a YouTube video, he was critical – and sometimes violently – about the plaintiff. In a previous proceedings before the Frankfurt Regional Court, certain statements had already been prohibited. In the current appeal process, the question was whether further statements must be prohibited – and whether competition law can also apply.

No claims for injunctive relief under competition law among influencers – but personal rights remain protected.

Personal protection protection: partly yes, partly no

The Higher Regional Court made it clear: The plaintiff can certainly defend herself against certain statements – especially if her general personal rights are affected and weighs more heavily than the defendant’s freedom of expression.

The court says: Yes, such statements can the General Rights of Personality hurt – and then there’s a legal damper: Omission!

Specifically, the defendant is no longer allowed to claim that the plaintiff “hats a day, day out”, her business model is to “spread hatred and fake news”, or she would falsely accuse others of sexual harassment. The defendant was unable to provide any evidence for these statements – according to the court, these are untrue factual allegations that are not covered by the protection of freedom of expression.

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The situation is different with purely evaluative statements. Such opinions, such as that the plaintiff “spread hatred” or show “mysogenic behavior” must be accepted in a democratic climate of opinion – according to the court.

So if you pull yourself through others in public, you risk that you have to leave it in the future by court order. But: a competition law There was a claim not. Why? Quite simply: the two influencers stood not in competition together. and the statements were none business actions – So no advertising, no product comparison, no marketing trick. Just (rather unpleasant) talk.

No competitive relationship – no competition law claims

The judgment with regard to competition law is particularly interesting: the plaintiff had also tried to make use of the defendant against the unfair competition (UWG) on the basis of the law. But she was unsuccessful.

The court noted that between the parties no specific competitive relationship exists. Although both move in the same digital environment and are vying for attention in a broader sense, that alone is not enough. It is not clear that one wanted or could bring economic disadvantages to the other through his statements. In addition, there was a lack of a so-called business action: The defendant’s statements were not used to promote his own services or products, but were of an editorial nature – i.e. an expression of his personal perspective, embedded in an entertaining context.

The fact that both of them earn income through donations or advertising does not change anything. There is no concrete economic competitive situation – especially since the plaintiff had explained in the proceedings that she was mostly on a voluntary basis.

Opinion yes – targeted defamation no

The verdict brings clarity in an increasingly heated area of public discourse: Influencers also have to stick to legal limits, especially when it comes to personal rights. Competition law is against not the right instrumentto defend yourself against personal attacks – it only applies when economic interests and business actions are involved.

The decision of the Higher Regional Court of Frankfurt was made in an urgent procedure and is not contestable.

If you get loud on the Internet, you should think quietly beforehand. And if in doubt, it’s better to stay creative than become critically personal – otherwise a shitstorm quickly becomes a court date.

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The post When influencers badmouth other influencers: what is allowed – and what is better avoided first appeared on Influencerrechte.

Media law? Doesn’t affect me – does it?

“I’m not a TV station!” many influencers think when they hear the word Media law hear But the reality on Instagram, YouTube, TikTok and Co. is different: if you publish content regularly, build up reach and work as a journalist or editorial, moves in the middle of the scope of media law – with all opportunities and risks.

Horak Lawyers Advise influencers, agencies and creator platforms on all questions relating to media law – nationwide and specialized.

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Where media law begins

Media law not only protects large broadcasters or publishers – it provides Rules for everyoneto reach the public. These include influencers, bloggers, podcasters and streamers. Central themes are:

• Freedom of expression vs. personal rights
• Surreptitious advertising and labeling obligations
• Duties of due diligence in news and information
• Protection of minors and media ethical responsibility
• Obligation to label the provider (imprint obligation)

Example from practice: story with side effects

Influencer “Bentalks” publishes a story in which he reports on the supposed side effects of a prescription-free product – based on a DM that someone has sent him. What he doesn’t know: his statements are Not verifiable and potentially damaging to reputation.

A few days later he received a cease-and-desist letter from the manufacturer – because of inadmissible factual assertion and lack of journalistic due diligence. The legal situation is clear: whoever reports on others must check what is true – or say clearly that it is a personal opinion.

Media law is also influencer law

Especially those who regularly post content, conduct interviews, test products or take up social issues can quickly editorially responsible be That means:

• Research obligation: Checking facts before posting them
• Labeling requirementClearly name advertising, affiliate links and cooperations
• Imprint obligation: A missing imprint can also have legal consequences on TikTok and Instagram
• Responsibility for Comments: Anyone who tolerates hate or false claims under their own posts can also be liable

Advice on media law – post safely

Many influencers have long been focusing on professional content production – but legal issues are often improvised. a mistake. Because A false story, a misleading post or a thoughtless repost May have expensive consequences: cease-and-desist letters, compensation for damages, fines.

Whether labeling obligations, imprint questions or reputational protection: Secure post means informed item.

Do you need media law advice for your content, formats or platforms? Our specialized lawyers help – Personally, digitally and throughout Germany.

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The post Reach with responsibility: media law for influencers first appeared on Influencerrechte.