"It is quite an unusual act. A novel, as yet unresolved legal issue," explains Judge Nicole Baczak in Vienna Landl. The trial revolves around the private accusation of an influencer couple. The accounts of the dissimilar couple are highly successful, with followers in the six-figure range. The content revolves around travel, everyday life and restaurants. And about body weight.

"Content creator" and "influencer" by profession
The young influencer has been obese since her early childhood due to illness and also treats her corpulent appearance with humor on her channels. "Of course I'm unhygienic and don't shower," she says ironically in one of the posts. "The videos are there to educate people. I want to break down stereotypes," says the young woman to the judge. Like her husband, she makes a living from social media; they are content creators and influencers by profession. 

Threatened with a criminal record for insulting
She was already making videos at 16: "I was laughed at by my classmates because of it." She started again at 20. And collects follower after follower. But something is bothering the couple: The numerous hate posts and bodyshaming, as derogatory comments about the appearance of others are known. "We are taking action against this," she explains. This also applies to the 26-year-old plumber who has now landed in the dock because he was previously unwilling to pay compensation. The influencer couple sued the Viennese man for insulting them and are demanding 3000 euros in compensation.

The man sits baffled in the courtroom and doesn't quite know what is happening to him. In the event of a conviction, he has a criminal record. The reason: the plumber wrote a strange, unfriendly comment under a dance video of the husband. It talks about "massive vibrations caused by her pet elephant". The house was "close to collapsing".

The contribution was satire, the man said. "I thought, if she makes jokes like that herself, I can join in. It was supposed to be a joke, not an insult." His defense lawyer, Wissam Barbar, also agrees: "The private prosecutor plays with her obesity on her account, posts self-deprecating posts and provokes such comments." A pet elephant is also something cute and not something disrespectful.

1500 euros and an apology
Andreas Schweitzer, who represents the influencer, naturally sees things differently: "The woman is constantly denounced on these accounts. Many insult her and make fun of her. That gnaws at the psyche." 

During the break in the proceedings, a settlement was reached after all: the 26-year-old had to pay 1500 euros to the couple and apologized. So there is no verdict, the legal issue remains new and unresolved. However, it is only a matter of time before the courts - right up to the Supreme Court - deal with body shaming. 

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