Tiergarten District Court. Call for file number 276 Ds 51/21. Accusation: slander against people in political life. Here’s the goal: Ex-Health Minister Jens Spahn.
by Anne Losensky
On September 5, 2020, the weekly newspaper of an association was published nationwide, with a photo of Jens Spahn (41, CDU), then Federal Minister of Health, on the front page. According to the indictment, the politician was untruthfully denigrated as a “cocaine addict” in order to “appear contemptible in public opinion and to question his credibility and integrity”.
► Accused: theater maker Hendrik Sodenkamp (33). “I studied cultural sciences and German literature and worked as a dramaturge,” he says. He states that he is a publisher (1500 euros net) as his profession. For the newspaper, which is popular among corona deniers, he is in the imprint as “responsible person in the sense of press law”.
He admits the front page went through his hands before publication. But he refers to freedom of the press: “It’s better to have too much criticism than too little. In Berlin, entire districts are built on cocaine. That’s not an insult. Cocaine addiction is a disease – or acceptable as a satirical depiction.”
The public prosecutor sees it differently: It is an unproven factual statement or abusive criticism, in any case slander. Because the theater man owes no evidence of the truth.
The defense attorney, on the other hand, demands “acquittal at the expense of the state treasury” because it is a “satirical description of the state of the Berlin Republic”.
Magistrate Dr. Karin Nissing listens to everything patiently. Her verdict: guilty on behalf of the people. “That is slander, you could never have provided factual evidence, freedom of the press has limits.”
The theater man has to pay 4,500 euros (90 daily rates of 50 euros each). He can appeal or appeal within a week.
In this case, a penalty order of 4,800 euros was issued three weeks ago against Anselm Lenz, dramaturge and co-organizer of demonstrations against corona measures. The 41-year-old is said to have been one of the editors of the magazine.
The verdict against him was issued at the request of the public prosecutor’s office in the form of a penalty order because Lenz had not appeared at the scheduled main hearing. 120 daily rates of 40 euros each were imposed.