Satire also has its limits. Jan Böhmermann has probably exceeded this.
ZDF and Jan Böhmermann suffered a defeat before the Munich district court on Thursday (December 19th). The case under discussion concerned a program from “ZDF Magazin Royale” from 2022.
Sued for spreading false information
According to the court, in the episode in question, the moderator made false allegations that the former President of the Federal Office for Information Security (BSI), Arne Schönbohm, had connections to Russian secret services.
He then sued ZDF for spreading fake news. The plaintiff demanded that the incorrect statements be stopped and compensation of 100,000 euros. The 55-year-old justified the sum with his suspension, which was initiated by Federal Interior Minister Nancy Faeser after the report.
What is satire allowed to do?
According to “Spiegel Online”, the court decision now decided that the broadcaster must refrain from making statements about Schönbohm’s alleged espionage contacts in the future. The judges found that these claims could be interpreted by the audience as untrue facts. Although the ruling stated that satire is covered by freedom of expression, a line must be drawn if the statements, as untrue statements of fact, violate personal rights. However, with regard to the claim for damages, the court dismissed the lawsuit. However, the decision is not yet legally binding.
“Media execution” through “lying journalism”
In a statement through his lawyer Markus Hennig after the negotiation, the ex-BSI boss called for personnel consequences and a thorough review of the internal processes. He explained that Böhmermann’s allegations had destroyed his integrity and career and spoke of a “media execution”. In his opinion, similar incidents must be prevented in the future.
His defense attorney also announced that he would take legal action against the rejection of compensation. However, the success of the proceedings was not diminished, as his client was primarily concerned with exposing “lying journalism”. He also demanded a public apology from the ZDF director.
The broadcaster initially did not comment on the verdict, but announced a statement. The controversial program has been removed from the media library, but is still available on the magazine’s YouTube channel.