A German court has ruled that influencer Rafid Kabir must remove a video accusing podcaster Benjamin Berndt of promoting racist theories. The Landgericht Berlin II issued an injunction in favor of Berndt, known as “Ben ungeskriptet”. The court’s decision, issued on September 18, 2026 (Az. 2 O 303/26 eV), specifically prohibits Kabir from quoting Berndt in the manner presented in the video.
The dispute centers on a podcast interview Berndt conducted with Ulrich Siegmund, a leading candidate for the AfD party in Saxony-Anhalt. Kabir claimed Berndt made racist statements during the interview, sharing a clip on Instagram and TikTok with the title “POV it’s 2026: Racial theory is trending again.” In the video, Kabir quoted Berndt asking, “How many inventions have come out of Europe? How many inventions in the last 500 years have come out of Africa?” followed by statements suggesting a connection between race and intellectual success.
Missing Context in the Video
The court found that Kabir’s video omitted key context. Berndt’s statements, including a question about inventions from Europe and Africa, were part of a challenge to Siegmund’s views. The court ruled that without the full context, viewers could misinterpret Berndt’s words as his own beliefs rather than a confrontation of Siegmund’s. Specifically, Berndt had framed the question by referencing the Constitutional Protection Office’s accusations against the AfD, suggesting an ethnocentric worldview within the party. He then posed the invention question as part of this confrontation, not as his personal opinion.
Berndt’s lawyer, Simon Bergmann, argued that Kabir’s video distorted the podcaster’s intent. Kabir, represented by Jasper Prigge, has filed an objection to the ruling, which was issued as a preliminary injunction without an oral hearing.
Court’s Decision on Quotation Protection
The court emphasized the importance of context in quoting individuals. It stated that Kabir’s selective editing created a misleading impression, infringing on Berndt’s personal rights under the German Constitution (Art. 2 Abs. 1 in connection with Art. 1 Abs. 1 GG). The court likened the incomplete quote to a false quotation, as it deprived viewers of the non-defamatory interpretation that Berndt was merely challenging Siegmund’s views. As a result, the court granted Berndt a cease-and-desist claim under §§ 823 Abs. 1, 1004 Abs. 1 of the German Civil Code (BGB), ordering Kabir to remove the video.
Broader Implications for Online Content
The ruling shows the need for caution when sharing edited clips online. While the decision is specific to German law, it raises questions about the ethics of content curation and the potential for misinterpretation in the digital age. The case shows the importance of contextual integrity in media representation, particularly when dealing with sensitive topics like racism and political ideologies.
Leave a Reply